People Smartz Blog

Calculating Pays From Modern Awards

Mon, 20 May 2013 14:00:00 GMT

PayCheck Plus is Fair Work Australia's online application for calculating pay under a modern award.

You can:

use it to find base pay rates, allowances, overtime and penalty rates
calculate pay rates per hour, or for entire shifts worked over 7 days
print, export and save your selections.

The following video provides you with a step by step guide for using the application:

It can be accessed from Pay Check Plus (Please note: this link takes you to the Fair Work Ombudsman's website)

This application is a good tool for use by businesses without a dedicated payroll system and who pay in accordance with the Modern Award system. However, it does imply some assumed knowledge - if you do need any assistance, please feel free to give us a call - Contact Us

Small Business Danger - Doing What You Think is "About Right"

Sat, 18 May 2013 22:07:00 GMT

A recent press release from Fair Work Australia says a lot:

"Operators of fast-food food outlets in Brisbane have found out the hard way that paying staff what they ‘thought was about right’ isn’t good enough."

“What’s particularly concerning is that many employers claimed to have limited knowledge of the basic entitlements of their staff,” Acting Fair Work Ombudsman (FWO), Bill Loizides, said."

The press release then went on to tell us that a total of $118,000 in back pay had been ordered to be paid to 300 employees across Brisbane. It was also found that 55% of employers in fast food outlets within food courts of major shopping centres were in breach of workplace laws - either underpaying wages or failing to keep appropriate records.

Recently, one of our People Smartz blog articles addressed the danger of doing what an employer "thinks is about right". In that blog article we said:

"I am not saying that all employers are out there deliberately being "non-compliant". What I am simply saying is that when something is confusing or hard to understand, some people have a tendency to do what they "think is right". Sometimes this is not a problem, at other times it is.... ".

Obviously for these Fast Food Outlet operators it was a problem!

This press release provides an example of issues for small business we have been talking about for a long time:

It reinforces our belief that small business owners need to simplify and automate their compliance.
It raises again the issue of having laws and regulations that work for the small business community. If we make laws and regulations too onerous to manage, or too complicated to understand, we run the risk of business owners thinking "about right" was good enough.

If you haven't already, have a read of our earlier blog article Lets Make People Management "Simple" which covers these areas in a bit more detail.

Business Confidence - Major Indicators Improving?

Mon, 06 May 2013 09:15:00 GMT

The latest quarterly index of confidence in the business sector has been released from the HR Coach Research Institute

According to the index, "The New Year seemed to be bringing a sense of conservative optimism with it. The first quarter has compounded that sentiment with all major indicators improving in the first three months of the year..."

To read more on download the latest index now by Clicking Here

Too Big To Ignore - What a Great Campaign!

Sun, 14 Apr 2013 14:00:00 GMT

Congratulations to ACCI.Their new campaign to raise awareness of small business in the lead up to the Federal Election is a great idea and something we all need to get behind

As we have spoken about many times before - small business contributes significantly to the overall economy by employing the vast majority of Australian workers. The voice of Small Business is largely ignored (in our opinion) because of the influence of big business and interest groups on our politicians.

ACCI, by raising this campaign and advertising through social media, TV and other channels is bringing this important segment of our business community into the limelight - something we should all be supporting!

Why not include your voice - go to the Too Big To Ignore Website to sign up today

People Smartz wins Business Excellence Award

Thu, 11 Apr 2013 14:00:00 GMT

In an outstanding performance this quarter, People Smartz has won the Client Heartbeat "Business Excellence Award - Partnership Category" for the Professional Services & Consulting Industry in Australia.

Through an independent evaluation process the leading consulting firm scored a weighted "Partnership" score of 8.9/10 as determined through an independent survey conducted across People Smartz's entire customer base. Scores were calculated based upon the question asked to clients "How collaborative and proactive do you find us in supporting you?".

With a weighted industry average of 7.9/10, People Smartz's Partnership score was the highest score of any business consulting firm in Australia across HR and business coaching, accounting and other professional services firms.

For this achievement, People Smartz have been officially recognised by Client Heartbeat, the web based benchmarking tool for service based businesses across the US, UK and Australia.

To see the "official" release of our award, please visit the Client Heartbeat Website

Lets Make People Management "Simple"

Wed, 10 Apr 2013 14:00:00 GMT

I often visit small and growing businesses to discuss with them their people management needs. Their need is a very simple one - "I just want to treat my people right and make sure I am compliant". Unfortunately,until recently, that need could not be addressed in a simple manner and many employers would place the need in the "too hard" basket.

Please, don't get me wrong, I am not saying that all employers are out there deliberately being "non-compliant". What I am simply saying is that when something is confusing or hard to understand, some people have a tendency to do what they "think is right". Sometimes this is not a problem, at other times it is....

Put simply, today's workplace laws place a responsibility on businesses to have systems in place to manage their compliance and employment relationships - regardless of their size. Penalties for being non-compliant increased at the end of last year - for companies, the maximum potential penalty increased to $51,000 on each occasion for companies and $10,200 on each occasion for individuals.

At People Smartz, over many years, we have been committed to the concept that small and medium sized businesses need simple systems to manage areas such as employee relationships, Workplace Health and Safety and Contractors. We have worked with many businesses to put in place easy to use, sustainable and compliant systems. But in order to maintain compliance, these systems need to be constantly monitored and audited - extra expense for the client, extra time for the client and a never ending "updating" of documents, policies and workflows.

Lately online systems, such as enableHR, have begun making the process simpler. With checklists, workflows and templates they bring the requirements of managing compliance into the reach of small and medium sized businesses without the need for dedicated HR staff. Some (once again, enableHR is one) have the backing of workplace law companies or industry bodies - meaning that changes to the laws are mirrored in the systems workflows and templates etc.

The final point is that they are cost effective, easy to use and designed to be utilised by the end user. They are a "win" for the smart business owner in the ever changing world of workplace laws.....

For more information on enableHR, visit our enableHR web page. If you would like advice on other online systems which may be suitable for your business, please Contact Us

Workplace Bullying Changes to Fair Work Act

Sat, 23 Mar 2013 14:00:00 GMT

The Federal Government has introduced into parliament its second tranche of legislation amending the Fair Work Act. The changes to the Act include new responsibilities for the Fair Work Commission in regards to Workplace Bullying by introducing a new avenue for a employee to complain about Workplace Bullying. The bill allows a worker who believes they are being bullied at work to apply to the Commission for an order to stop the bullying.

The Bill defines bullying as a situation where a “worker” is subjected to repeated unreasonable behaviour at work by an individual or group of individuals and that behaviour creates a risk to health and safety. In these circumstances the worker may apply to the Commission for an order to stop the bullying. The Bill also specifies that “reasonable management action carried out in a reasonable manner” is not bullying.

Some important points to note:

The Commission must start dealing with an application within 14 days of the application.
The Commission may take steps include contacting the employer or other involved parties to obtain information, conducting a conference or a formal hearing.
The Commission may also refer the matter to a Work Health and Safety Regulator and disclose information it has obtained to such regulator.

As a result of its investigations the Commission may make any order it deems appropriate to prevent the employee being bullied. This may include :

the individual or group of individuals involved stop the specified behaviour;
regular monitoring of behaviours by an employer;
compliance with an employer’s workplace bullying policy;
the provision of information and additional support and training to workers;
a review of the employer’s workplace bullying policy.

Failure to abide by the orders of the Commission is an offence and may result in a civil penalty offence.

What does this all mean?

As we have spoken about before, there has been a dramatic increase in bullying complaints recently. We have also seen increased activity by Workplace Safety regulators, particularly where complaints have been made. This new avenue of complaint provides a new level of redress and will be very easily accessible.

Employers need to be aware that it continues to be critical that they:

quickly respond to bullying complaints;
have a Workplace Bullying policy in place;
have a grievance policy that allows effective complaint and issue handling;
have effective investigation procedures with staff adequately trained in handling investigations and complaints
be able to show that the appropriate policies and procedures have been followed; and
that effective education and awareness processes are in place

The above changes are still to pass through parliament, however now is the time to move if you do not already have policies and processes in place to deal with Workplace Bullying.

If you would like any further information regarding these changes, or any assistance with how to deal with a Workplace Bullying complaint, please feel free to Contact People Smartz

New Year Brings Sense of Optimism

Tue, 05 Feb 2013 14:00:00 GMT

The latest HR Coach Quarterly Index has been released. The HR Quarterly Index provides a summary of industry confidence in the business sector. According to Index, "The new year seems to be bringing a sense of conservative optimism with it. Although business confidence hasn't risen, it hasn't worsened, indicating that business sentiment could be leveling out." According to the index, business indicators appear to be trending into positive territory

At People Smartz Pty Ltd, we are beginning to see some sense of what they are talking about. Many of our clients are reporting increased interest in their services and products and are indicating a greater feeling of confidence in the year ahead. Many of our ex-clients are contacting us to assist in preparing their businesses for the year ahead with a very positive outlook!

If you would like to download the latest Quarterly Index, visit our HR Quarterly Index page.

What do you think of the way business is shaping up in 2013? Tell us what you think by commenting below!

Xero Partners - Great offers from enableHR and People Smartz

Mon, 04 Feb 2013 14:00:00 GMT

We are delighted to announce an important milestone in our business. As of Monday the 4th of February 2013, People Smartz Pty Ltd will be partnering with enableHR to provide implementation and training support to Xero Accounting practices. Xero is an ASX listed online accounting and payroll tool that has rapidly gained acceptance with leading chartered accounting practices and book keeping groups.

We are already a certified enableHR Partner and recommend enableHR to our clients as the tool of our choice. Our team have recently returned from their inaugural enableHR Partner Conference in Sydney and are excited to be able to provide HR support services.

enableHR’s Managing Director Richard Breden, is travelling to over 15 cities across Australia with Xero’s Managing Director Chris Ridd to announce that they are proud to be the latest Add-on partner to align with Xero’s Partner Program. Richard Breden says “enableHR is recognised as the best of breed HR and WHS solution to complement Xero’s Practice Studio, a suite of services that Accounting Practices use to run their own business and we are excited that we have the opportunity to add value to Xero Partners and their clients.”

For us at People Smartz Pty Ltd, it means the opportunity to help Xero Partners review their HR and WHS compliance, train staff, help implement enableHR in their own practice and assist their clients to meet their employer obligations.

Tony Perkins, Director of People Smartz Pty Ltd, will join Richard at the Xero Roadshow in Brisbane and the Sunshine Coast. “Forward looking accounting practices are going to see immediately the value of enableHR for themselves and their clients” said Tony, “we are looking forward to working with them”.

We are excited about our growing relationship with enableHR and the added benefits we can bring to our own clients and now Xero Partners. To find out more about enableHR - visit our enableHR webpage

For Xero Partners:

find out more about the exciting opportunities now being offered to them at www.enablehr.com.au/xero
Contact us today to talk to us about partnering with you to assist your and your clients with your enableHR and Human Resources needs - Contact

February 2013 WebinHR Program Released

Sat, 02 Feb 2013 14:00:00 GMT

We are pleased to announce the release of the February 2013 WebinHR program. Designed for small businesses, these seminars are presented by some of the best in the business and this month cover topics such as managing bullying, reducing labour costs, accessing government funding for training and simplifying recruiting.

Visit our WebinHR page to find out more and register - WebinHR

Social Media - What Employers Need to Know - Webinar for Small Business

Sun, 28 Oct 2012 14:00:00 GMT

Everywhere you go today, social media is the topic. The news bulletins are telling us about "social media trolls", television advertisements invite you to "follow" a particular company and radio stations are embracing "multi-mode marketing" encouraging listeners to visit their website for more juicy information.

It is becoming all consuming.

Increasingly, we are seeing businesses having problems with team members as a result of social media. What is said may be classified as bullying or victimisation and can reflect poorly on your business. Employers (and their employees) do not really understand the effect of this emerging "viral" environment.

We recommend that all employers sign up for our webinar on 13 November. Titled "Social Media - What Employers Need to Know", this webinar is a must for all those whose business, or employees, use social media.

The WebinHR series is a set of monthly webinars with changing and new topics every month designed to inform and educate small and medium sized business owners.

To register for this webinar and find out about the other great webinar titles this month - Click Here!

Business Concerned About Lack of Work and Sales

Thu, 18 Oct 2012 14:00:00 GMT

The latest Quarterly Index from the HR Coach Research Institute as been released providing a summary of industry confidence in the business sector. Points of Note include:

Concern around lack of work or sales are at the highest level since 1993
Job Advertisements were down by over 2% in the September quarter with no increase in the size of the workforce.
Wages rose by 2% during the September quarter, meaning that wages have increased by 9% in the last six months.
Managing day to day remains the flavour of businesses at the moment.

The main "take away" from the latest index is that "the business sector will need to be careful in the months ahead in managing increased sales at lower margins with existing employees. Higher activity at a lower business outcome may create cash flow constraints and internal management issues if not handled with care".

To download your copy of the index - Click Here

Unfair Dismissal Claims Increase by 9 Percent

Tue, 16 Oct 2012 14:00:00 GMT

Fair Work Australia this week released its latest annual report. It is interesting reading. As you can see by the title of this post, the number of unfair dismissal claims has once again risen over the year 2011-2012 to a total of 14,027. This is an increase of 9.2%. The "headline" number for the government in this report is the number of claims settled overall under this system - 81%. Evidence that the system is "working" they say.

However, as many employer groups are saying today, it is when you get into the detail that things become even more interesting.

The number of claims settled at or before conciliation has remained steady - at 81%. But number of claims settled at or before conciliation with a monetary payment has also increased - to 59%.

Does this mean the "go-away" money is definitely back? Well according to some of the employer groups the answer is - YES.

As with everything there is two sides to every story. I believe in some instances, employers are deciding to pay up and avoid the process of conciliation and/or FWA hearings. We have certainly worked with some who have made this decision. Others, after sitting in conciliation, have decided to pay as well.

In the end - in most cases, they have made a business decision to not continue rather than one regarding the merits of the claim.

So, in these cases, there is an element of "go-away" money paid.

Does this indicate that "most" claims are frivolous or that the system is stacked against employers? Well that is another question entirely.

The answer to the first part of that question is that some claims are undertaken to just "have a go" or in an attempt to get more money. But it would be unlikely that the "most" claims would fall into this category nor would, I believe, the number be high.

Is the system "stacked" against employers. Well it appears of the 325 claims that went to arbitration, 215 of the dismissals were found to be fair - thats 66%. You would have to wonder if this ratio would continue if more claims went past conciliation.

The current system does make it easy to make a claim

What this all says is that the current processes encourage a settlement through conciliation and therefore businesses are likely to continue settling these situations in the manner that they have.

And while they do this, they encourage more claims designed to just "have a go" or to "get more money" - It's a bit of a Catch 22 situation really......

October WebinHR Program Released - Great Webinars for Small Business

Wed, 26 Sep 2012 14:00:00 GMT

The October WebinHR program has now been released! Great topics including "Is it costing you too much to pay your people" and "How do you hire for skill and fit". For more information on these great webinars for small business - Click Here

Keep the Momentum Going - Fill that Sales Funnel

Sun, 02 Sep 2012 14:00:00 GMT

Nearly everyone we talk to at the moment is describing things as quiet.... One of the best pieces of advice I could give in these situations is simple - don't let momentum drop off and keep your sales funnel full. Many businesses in a turndown take a negative approach, they reduce costs and cut down on business development activity. In many areas of expense, cutting costs during a downturn is sensible. However, business development is not one of those areas! It is the momentum of your business development activities that is the lifeblood of your business.

Imagine if your business was a human body - if blood flow is restricted, what happens? It is the same with your business.

In many businesses we have been dealing with over the last six months, we have been asked to come in after business revenue and activity has declined. In nearly every situation, we have found a strong relationship between the amount of business development activity and the decline in business.

Building business development momentum takes time. It is an investment in your business - every cent you spend on advertising, every minute you spend networking, every hour you spend building your brand - they are contributing to developing your business.

But if you stop networking, if you stop advertising and if you stop doing those other business development activity - momentum stops!

And when new customers don't come in the door, business slows. In the end, you are trying to find more ways to cut costs and you are on a downward trend.

Another point is that momentum gathers energy, it is easier to keep going than restart.

One of the things we constantly preach to our clients is the need to keep business development momentum moving.

It is a piece of advice that is constantly proven correct at the moment. While it may be taking longer to get the sale across the line, or it might take a bit more work to get that signature - at least there are prospects there to keep the business moving!

People Smartz is a Business and HR Coaching Company servicing clients from all industries. Should you wish to enquire about our services - please click here

Working from Home - Not as simple as it sounds!

Tue, 21 Aug 2012 14:00:00 GMT

Occasionally at People Smartz we see trends beginning to develop in regards to the areas we are asked to assist businesses. At the moment, we seem to have a "run" on businesses approaching us to assist with issues that have arisen as a result of working from home arrangements. Over the last three months, we have assisted a number of businesses and organisations to "sort out" these arrangements. The majority of these businesses were not for profit and run by a "volunteer" executive or elected officials. Over time, the nature of these businesses had resulted in there being a lack of awareness in regards to the activities of employee/s of the business - in one case, the Executive did not even really know the physical address of their "office"!

Another example, the employee set up the telephone accounts in his own name on a residential account. These telephone numbers were then used by the organisation on it website, communications etc. Imagine the issues when (and if) that office were to move.....

And finally, in another case, the employee moved house 3 times over 4 years and didn't tell the employer! Problem was, the employee ran the employer's business from his home....

Whether your business is a "not for profit" or not, it is important when considering "working from home" that you ensure that the arrangement is correctly set up and maintained. As the employer, you have responsibilities in regards to the provision of equipment, a safe work place and ensuring there are the appropriate monitoring processes in place.

Perhaps the most important element to be put in place is a Working from Home Policy. Designed to lay out the parameters under which a person works from home, this essential document ensures that you have the ability to manage the employee during any period they are working from home. In addition, it lays down the parameters for ensuring a safe work place and gives instructions regarding the need for insurances etc.

Almost as important as having a policy, is ensuring that you have selected the right person to work from home in terms of skills and attitude. Today's technology provides a great opportunity for flexible arrangements such as working from home - but if the person does not have the ability to use the tools this technology provides, then perhaps they are not the right person to work from home! Similarly, if they require constant supervision and delegation within the workplace - how will they go working from home? In short, it is not an arrangement for everyone.

Reporting on work progress arrangements are essential. Requirements in regards to timelines, timesheets, contact schedules etc should be clearly stated and unambiguous.

Finally, working from home should not mean "I never have to go to the office". In fact, your arrangements should ensure that there is a requirement to visit the office (or to meet other workers if there is no office). This allows the development of team and cultural norms and ensures support mechanisms are developed amongst peers as well as structurally.

Working from Home provides great flexibility and scalability to a business, it enables employees flexibility in regards to work and today's technology makes it more viable today than ever before. But it does require organisation and structure in order to work effectively for the individual and the business.

If you are considering putting in place "Working from Home" arrangements in your business - why not give People Smartz a call? We can assist you to put in place strong arrangements that will work for you and your employee. To call or email us - Click Here

Developing a Plan for your business

Thu, 16 Aug 2012 14:00:00 GMT

Last week I met with a small business owner who was having trouble "executing" her business plan. It turned out that her "plan" had been developed for her by a trusted advisor and was largely devised from a template which looked predominantly at financial indicators. The "plan" told her that she needed to achieve a certain gross profit, achieve certain ratios and keep costs to a certain level.

She has been meeting with her advisor on a monthly basis for the last 5 months and she tells me that each meeting comprises of him looking at her financial indicators and simply telling her "to do better next month because your not achieving your targets".

And that is where the "plan" stopped. When I asked if they had devised any strategies to achieve her targets, she told me that apart from setting the level of the indicators, there was nothing else.

Now, this small business owner had been referred to me by one of my clients. My client believed that the Small Business Owner was not receiving good value from her trusted advisor.

I tend to agree - financial indicators are targets or indicators of performance, they are not strategies in themselves. If your business "plan" comprises solely of financial indicators, you are missing an important point - in order to achieve those indicators, you need to implement activity to achieve them.

No activity towards your targets means you do not achieve your targets - simple.

Business planning is much more than financials, it is about the four pillars of any business - Customers, Finance, your internal processes and finally, your ability to learn and grow (your business and yourself). Without activity in all four of these areas, some part of your business development is likely to falter in the long term.

When developing business plans for our clients, we look into the activity needed in each of these areas and come up with strategies in each of them. This way we ensure sustained, achievable growth designed to meet the needs of the Small Business Owner and the Business.

Finally - That small business owner is now a new client, we met yesterday and begun developing strategies and activities to achieve those financial goals. We worked together, we developed goals and at no time did I just tell her "to do better".

People Smartz is a Business and HR Coaching Company servicing clients from all industries. Should you wish to enquire about our services - please click here

WebinHR- Webinars for Small Business - September Program Now Available

Wed, 15 Aug 2012 14:00:00 GMT

The WebinHR Program moves into it's second month in September! This month's topics include "Moving your business from Good to Great" , "eLearning" and "Emotional Intelligence" To find out more - visit our WebinHR Page and Book Your Attendance Now!

Wages Pressures Continue to Be An Issue - Quarterly Index

Sun, 12 Aug 2012 14:00:00 GMT

The HR Quarterly Index provides a summary of industry confidence in the business sector from the HR Coach Research Institute. This quarter has produced an interesting result, as businesses seem to be preoccupied by tightening margins. The positive economic news received during the quarter has beenovershadowed by the impost of an increased minimum wage and the introduction of the Carbon Tax.

Business owners and managers look to be focusing on the effect of these rising costs on the bottom line, as expectations for profitability and business confidence are both down.

Job advertisements were down by nearly 2.5% this quarter and no increase in the size of workforce was indicated. That being said the expected increase in wages was up by a staggering 7%. This suggests that wage inflation is a growing concern.

If you would like to read more - download your copy of the latest index by clicking here

Improve Your Knowledge - August WebinHR's

Wed, 08 Aug 2012 14:00:00 GMT

This month, People Smartz is pleased to offer clients and visitors to our website the opportunity to register for 3 informative webinars designed to assist small business owners and managers. Conducted by industry experts, this month's webinars cover topics such as "Termination Tips and Traps", "identifying OH&S Concerns" and "Using Personality Profiling to Retain, Re-engage and Recruit"

To attend one or all of these webinars - Click Here

Important: When registering for your attendance at theseWebinHR's, please ensure where asked "Who referred you to the WebinHR?" to write "People Smartz"!

Business Confidence Rising - Wages Pressure Becoming a Concern for Business

Thu, 02 Aug 2012 14:00:00 GMT

The HR Coach Research Institute has released its latest quarterly index. According to the research: "The last quarter has shown a marked change in business sentiment in Australia with an increase of 6% in overall business confidence. The last half of 2011 saw a 15% drop in business confidence so the increase offers welcome respite. There is, however, a lot of ground to make up from the highs of 2007 and early 2008.

For the first time since 2008 wage pressure looks to be back on the agenda with an 18% increase in wage expectations by employers"

To download the latest Quarterly Index Dashboard - Click Here

If you employ Independent Contractors - You Need to Read This!

Sun, 05 Feb 2012 14:00:00 GMT

In October 2009, I wrote a blog article regarding the increasing risk businesses were putting themselves under when utilising independent contractors in their business.This article was titled Independent Contractors - Benefit or Risk to Your Business? and you can read it again by clicking on the link - I strongly recommend you do.

An independent contractor is someone who is self-employed and contracts his or her services to clients - most often other businesses.

Unfortunately, over the years a number of employers have used this as an avenue to avoid their obligations to their employees in respect to things like accruals, superannuation and other entitlements. These type of arrangements are called "Sham Contracts".

There has been a very strong push against Sham Contracting by the Fair Work Ombudsman over the last 12 months. In particular, these investigations have revolved around three industries - cleaning, hair and beauty and call centres.

These audits found that 23% of businesses had "mis-classified" employees as independent contractors. In other words - nearly a quarter of those companies audited were mis-classifying employees as independent contractors.

A recent experience of company I know is an example of how these laws can effect a business:

About this time last year, I met with a gentleman who had started a commercial cleaning company. Based on common practice in the industry, he had engaged a good number of independent contractors to service his growing client base.

Now, he had developed a business model designed around several main "objectives" including high cleaning standards, good quality cleaning products and a highly organised workforce.

The problem was that these "objectives" also defined the relationship he had with his "independent contractors".

Over the past 12 months, he has worked hard to grow his business. During this time, he had also worked, with the aid of a specialist company, to set up his independent contractor arrangements and bring them within the requirements of the legislation.

During that period he has also been audited by the Fair Work Ombudsman and successfully negotiated their investigation.

However, he was advised several weeks ago by the company assisting him that they could not continue to assist him (I should point out for very legitimate reasons with no fault on him or his company).

The result was that he could not continue to run his company on the model he had developed - utilising independent contractors.

He was faced with a choice - continue to operate with independent contractors and face potential issues with the law or move his team to an employment arrangement - given his experience with the Fair Work Ombudsman, he decided to abide by the law.

Unfortunately, when he spoke to his independent contractors, they were not willing to move to an employment relationship.

This left him with only one option - to wind back his business to the point where the work could be handled by himself and his partner.

So the end result - a good number of people are now out of work, a number of businesses are now looking for a new cleaning company and a once thriving, growing business is now "diminishing" in size and operations.

This story highlights how the wrong employment structure can affect your business. It was never the intention of the Fair Work Ombudsman's activities to create this situation - this is the result of having the wrong structure operating in the first place.

My recommendations from October 2010 still have a strong meaning now and I recommend you consider them in your business:

"I strongly recommend to my clients before entering into independent contractors arrangements that they closely review the relationship they are forming. While the benefits of utilising independent contractors are significant, if not structured properly, they also introduce an element of risk to the business.

People Smartz is able to assist businesses with the process of employing independent contractors. If you have, or are considering, independent contractors in your business - contact us today.

Contact

Small Business - Make sure you are compliant with Industrial Relations Laws

Thu, 02 Feb 2012 14:00:00 GMT

It is becoming more and more apparent, that no matter how small your business is, you can not avoid your obligations in regards to meeting your employer obligations. Many thanks to our great friends at Brands Law for this great example of the line of thinking to which our courts are dealing with breaches of the Fair Work Act:

"Back in April 2011, in a case involving underpayment of penalty rates to employees, Magistrate Hawkins said there was a need to "send a message to the community at large and small employers particularly, that the correct entitlements for employees must be paid and that steps must be taken by employers (of all sizes) to ascertain and comply with minimum entitlements (as opposed to ignoring those obligations).

"Compliance should not be seen as the bastion of the large employers with human resources staff and advisory consultants (accountants, consultants, lawyers) behind them"."

In a speech in May 2011, the Fair Work Ombudsman made a point that it "was not sufficient for companies to turn a blind eye and hope that they are meeting their obligations". He particularly made the point that companies need to make sure that they are resourcing their obligations appropriately.

With this type of language coming from our courts and the Ombudsman, it is very evident and important that all businesses, regardless of size have in place a system for ensuring compliance with their awards, the Fair Work Act and the National Employment Standards.

Our experience with small to medium sized businesses has shown that business people are finding it more and more difficult to manage these obligations. As we have said in our blog posts before - the system itself is not built for small business.

Unfortunately, it appears that the message from our courts is that small businesses need to manage their obligations similarly to the way they would be handled in big business. However, small businesses do not have the human resources staff etc to do that!

Understanding your obligations can be difficult and managing them can be time consuming. The place to start is to ensure you are compliant now!

Why not book one of our People and Business Reviews where we can help you identify the actions you can take to ensure you are meeting your obligations.

Book your review today!

Simple Time Management for Small Business People

Sat, 05 Nov 2011 14:00:00 GMT

During a presentation to a group of business people last month I was asked a question about the importance of long term planning in a business. The person asking the question phrased the question to reflect his own situation where his time on a day to day basis was totally involved in the here and now - “How can I find time to think long term?” This is a great question! And the simple answer is...

There is no simple answer!

One thing to do is to acknowledge is that we do not manage time. What we manage is our use of time. If you really think it through, the distinction between the two is important. The first implies that we can manage a scarce resource and somehow manipulate the number of hours in the day.

Well, if you can find a way to put more than 24 hours into a day let me know – between the two of us, I think we can make a lot of money!

However, if we use the second definition – managing our use of time, we begin to open up a whole different set of possibilities.

Once you accept that it is your use of time that is manageable, this allows you to begin setting in place a simple principle which can really define your ability to “find time”.

You need to begin to differentiate between those things you do which are important, those that are urgent and those that are neither urgent nor important.

Once you begin to understand the difference, you can begin to ask yourself a question – “What is the most important thing I should be doing now?’

In the environment in which we work, often items arise which appear urgent or important but in reality are not. For example, if your long term goal is to develop your business and you receive an email with a great YouTube clip on it – what would be the most important thing for you could do? Watch the video or make those phone calls to develop your business?

Now as I said at the start of this article – there is no simple answer! This is because even if you do ask yourself the question, it takes discipline to do the important when the urgent continues to beckon so enticingly. Also, there are times when urgent things are important – meeting a customer’s reasonable needs for example.

It is because of this that knowing your goals/values and committing to them is important. They provide you with direction and can assist you in your use of time.

So my answer to the business person when he asked his question?

“Identify what is important to you, identify what is urgent and identify what is neither urgent or important – when you’ve done that, start working out how to ensure you have the time to achieve your goals”

As I said, not a simple answer, but a good start!

How well are you managing your time? How good is your goal setting? Why not contact us for a Complementary Coaching Session to assist you!

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A Checklist To Prepare Your Company For the Xmas Office Party

Thu, 13 Oct 2011 14:00:00 GMT

Yes it nearing the end of the year. We are entering party season - a great time to unwind, rub shoulders with workmates etc.  This can be a fun time! But end of year parties have a very serious side as many of these antics lead to "regrets" after. Recent research in Australia found that 70% of people believed that hitting the booze led to a more "personal" feeling amongst staff. Nearly a quarter of females interviewed admitted that their boss had made a pass at them at an office party.

Such behaviours can present many problems for businesses, particularly if the "antics" involved lead to a complaint from a member of staff regarding the behaviour of another.

It would be easy to say "no office party" or "its too risky", but sometimes the advantages of holding the party far outweigh the negatives. The decision to have or not have one is one for the business alone.

I would recommend a level headed approach to this years Xmas party - making sure the party is well planned and your staff are aware of the required behaviours before hand. This way you can have the fun while managing the risk!

To help you plan for your businesses party, download our today.

People Challenges Facing Business - Are you ready?

Sun, 02 Oct 2011 14:00:00 GMT

Recent research has identified the challenges businesses are facing in managing people in 2011. This is quite a list!

Uncertainty in times of change impacts on confidence of employers and clarity of their strategic direction.

Fatigue of key employees and additional workload due to shrinking workplaces leads to disengaged workers or management turnover.

Labour is on average the largest cost to business. The statistics show that it is escalating due to employee expectations for pay increases, the growing anxiety of individual debt and increased competition between employers for talent.

Over 50% of employees will be looking for new jobs in the next year.

Employers are ramping up employee numbers but not planning on wage increases.

Small business is struggling with the fact that they cannot attract quality applicants.

It is estimated that it can cost more than $48,000 to replace an average employee on $45,000 a year.

The Red Tape Commission estimates 75% of businesses struggle with paperwork and compliance.

According to the published National Accountant, 65% of employees have experienced harassment.

Changes in legislation causes confusion and mistrust. Businesses are at risk externally and it cannot be ignored. Changes in the health and safety and parental leave in Australia are major changes in compliance.

Internationally, labour laws are becoming more stringent and complex, adding a cost and compliance burden that did not exist before.

The aging workforce, generational shift, technology adaptation and social media impact are issues that will take hold in the coming year.

If you identify with any of these and are wondering how you can meet the challenge - then give People Smartz a call! Contact Us

What Successful Businesses Do Differently

Fri, 30 Sep 2011 02:59:00 GMT

Ever wondered what successful businesses do differently? We may have some answers for you in a new white paper!

I don't think anyone will disagree that we are operating our businesses in a very complex environment at the moment. Uncertainty regarding overseas economies, uncertainty regarding new taxes and charges, a relatively unstable political environment (for Australia) and many other facts are contributing to a down turn in business confidence.

A new white paper is now available from our website titled "Managing Back To Certainty". Developed by the HR Coach Research Institute, the white paper discusses the current external and internal factors effecting businesses and identifies the "Top 5 Attributes of High Performing Businesses".

Based on research conducted over 6 years and 5000 businesses, the paper identifies the factors that allow a business to be "agile and move with the times". The research shows that employers who are thriving are focusing on key differentiators as opposed to organisations that are at risk.

The important factor in regards to the research is that it has been conducted in the "business" rather than the "corporate" environment. As a result, we get a very good idea about some of the issues that are effecting small and medium sized businesses.

The paper identifies that small to medium sized businesses have "clear advantage" over the corporate world in responding to the challenges that face us and can create long term opportunities leading to sustained growth - despite the external environment.

To download the white paper - Click Here

Modern Award Amendment for School Aged Workers Effective from 1 October 2011

Sun, 25 Sep 2011 14:00:00 GMT

Fair Work Australia has published their decision varying the General Retail Award 2010 to allow casual school aged workers to work shifts shorter than 3 hours.

The award has been varied as follows:

Clause 13.4 is varied by the addition of the following words at the end of the clause:

“provided that the minimum engagement period for an employee will be one hour and 30 minutes if all of the following circumstances apply:

(a) the employee is a full time secondary school student; and

(b) the employee is engaged to work between the hours of 3.00 pm and 6.30 pm on a day which they are required to attend school; and

(c) the employee agrees to work, and a parent or guardian of the employee agrees to allow the employee to work, a shorter period than three hours; and

(d) employment for a longer period than the period of the engagement is not possible either because of the operational requirements of the employer or the unavailability of the employee.

As we have stated in a previous blog post (Common Sense at Last! After School Work Back on the Agenda for Teenagers), we believe that this decision is a win for common sense by Fair Work Australia. It is a pity that it has taken so long, and a needless appeal to make it happen!

To download the determination, download the Determination from Fair Work Australia

5 Steps to Take to Protect Your Business.....

Thu, 22 Sep 2011 14:00:00 GMT

Last financial year, the Fair Work Ombudsman commenced prosecutions against in excess of 50 companies for underpayment of wages and entitlements to their employees.

The simple fact is that this number is just the tip of the iceberg. Many other employers have had to backpay employees as a result of underpayment. Just check out the Ombudsman's media release page (Fair Work Ombudsman - Media Releases) and you will see the number of press releases on the subject.

Late last year, we worked with a business that had been underpaying their employees over a long period. By the end of the process, they had back paid their employees nearly $100,000 - quite a hit on a small business!

Now, this situation was one where they had innocently made an error in calculating a 40 hour week. The Ombudsman recognised this and no further action was taken. However, there have been fines handed out to businesses and Directors where the Ombudsman found that taking further action was appropriate.

One example of a company based fine was where a franchisee from a major franchise group was fined $150,000 for underpaying staff. Directors have also been targeted, with a recent prosecution fining individual directors a total of in excess of $130,000 for underpaying 47 staff.

Under the current system of Modern Awards and Transitional Arrangements, calculating how much you need to pay your employees can be confusing. However, it is important to recognise that confusion, or not understanding your commitments is not an excuse for underpaying staff. In the end, at best, you will be required to back pay them any entitlements they may have not received.

So what can you do to protect your business? Well here are our recommended 5 Steps to Protect Your Business:

Understand and be compliant with the National Employment Standards.

Identify the modern awards and classifications that apply to your employees;

Make sure your employees receive compensation for actual hours worked, paying particular attention to ordinary hours of work, overtime and penalty rates, and shift allowances.

Do you work a 40 hour week in your business? Do you roll leave loading into a salary or hourly rate? These type of arrangements (and others) come under the heading of "Award Flexibility" and you are required to ensure your employees are "Better Off Overall". If you do not understand the requirements around Award Flexibility - seek advice.

Make sure you keep the right records! If you are investigated, you will need to demonstrate compliance. To do that your record keeping will need to be accurate and in accordance with the requirements.

If you need assistance in any of the above areas - then give us a call! At People Smartz, we are more than happy to assist you!

Contact Us

Small Business Needs An Industrial Relations System that Works For It!

Sun, 04 Sep 2011 14:00:00 GMT

Did you know that 89% of employees in Australian Businesses were employed by companies employing 20 employees or less? (Australian Bureau of Statistics 8165.0 2010)

When you consider this statistic, you need to wonder why our industrial relations system is designed for 11% of the workforce!

It all comes down to some very important factors (in our opinion):

The employers of 11% of the workforce are bigger contributors to the political parties

The 11% of the workforce are the primary targets of our union movement; and,

The employers of 11% of the workforce are the major drivers of industry bodies supposedly in place to support business.

Over the last 5 years we have been governed by industrial relations systems based on the "visions" of big business (Work Choices) and unions (Fair Work) of how industrial relations should be governed.

However neither of these "visions" has been designed to meet the needs of the majority of employees or employers - those involved in operating a small business!

Some points to be considered:

Both Work Choices and Fair Work were designed to encourage an "us and them" attitude. Small business is largely about "getting the job done together".

While we need to protect minimum standards, less than 1% of employees through out Australia made an official complaint against their employer last year - this does not indicate a major effort by employers to "rip off" their employees.

While the structure of the business might say "Pty Ltd", the relationship between an employer and an employee in a small business is often a "one to one" relationship. It is not one where HR experts, lawyers or many levels of management are involved. The current laws are not designed for small businesses with confusing arrangements and restrictions across the system.

In our opinion, the current calls for a full review of our industrial relations laws are warranted when viewed from this point of view. Unfortunately, our political system will not encourage a review with the majority of Australia's employees in mind!

Small Business and the Economy - Choose To React Positively

Thu, 01 Sep 2011 14:00:00 GMT

This morning I posted a quote on Facebook from John C Maxwell. "Life is 10% what happens to me and 90% of how I react to it." Posting this particular quote was not an accident. It is because I believe that in life, and in business, you have the ability to choose the way you react to a particular situation. The current situation in regards to the World's and Australia's economy is creating a mindset within many business owners - one which says "here we go again" and "things are tough at the moment".

On the most part, I have to say that I agree with them! Things are tough at the moment - but all that means is that now is the time to actively seek opportunity.

I would like to give you two examples of clients of mine who are reacting positively to the current environment and actively seeking opportunity.

One of them is operating a single person business. She has had a rough year with her home flooded in the January floods and many other things happening around her. Yet, despite having to move home and her workplace 3-4 times, she has worked hard at grasping opportunities as they have been presented to her. Despite working in an industry that is flat lining, she is one of the few of her peers who is able to predict a positive cash flow over the next 6 months.

The second client is a team of two young professionals who have looked at the economy, identified potential markets for themselves and actively worked those markets hard. Where other companies in their industry are laying off staff, they are hiring. Where other companies in their industry are lowering their rates, they are raising theirs. Where other companies are loosing customers, they are gaining them.

Both these clients have one thing in common. They have chosen to take a positive approach and grasp opportunities as they present themselves. Importantly, they have worked hard at establishing relationships with other businesses to encourage a flow of work between the different businesses. In short - their efforts are not only ensuring the success of their own business but also assisting others.

Over the past two or three weeks, I have met with many business owners who are "doing it tough" and I have shared these stories with them. It is interesting to hear their feedback. Many were continuing to do things they had done previously because they had worked previously, others were looking for the silver lining - one retailer told me that things would turn around over the coming months because "people will start getting their tax cheques".

Well, I'm sorry, people have been getting their tax cheques now for nearly 2 months! And what happens if they decide to bank their cheque rather than spend it?

Waiting for a silver lining or continuing to do the same things does not change something. Taking a positive approach and seeking a new way is - in other words choose to respond rather than choose to do nothing!

This is what we are encouraging our business coaching clients to do and everyone of them is achieving their targets. In the case of the two I have described above, we are re-writing the targets - they are not high enough! On average over the last six months our clients have achieved an average increase of 62% in revenue during a period where "things are tough".

So if you own a small business, think about how you are reacting to the economic environment - are you taking advantage of the opportunities that are out there and taking a positive approach?

People Smartz is a Business and HR Coaching company specialising in assisting small to medium sized business owners. Our aim is to assist Business Owners to achieve both their personal and business goals in a balanced and sustainable manner. If you would like to discuss business coaching - Contact Us

A Lesson In Expectation Management

Mon, 01 Aug 2011 14:00:00 GMT

Today I was almost involved in an accident in my car. I was driving along the road, the last of three cars travelling along a suburban street. Up ahead was a side street with one car waiting to turn out and another waiting to turn into it. Unexpectantly, the first of the two cars ahead of me suddenly stopped to let these two cars exit and enter the side street. Taken by surprise, both I and the driver of the second car braked hard. Unfortunately, the second car was unable to stop in time and drove straight into the rear of the first car, which then crashed into both the cars turning. Luckily, I was travelling far enough behind to avoid being physically involved and my car was undamaged - something I can not say for the other 4 cars involved.

More importantly, no one was injured in the accident.

Now what has this got to do with a blog about business you might ask?

Well, it teaches us a lesson in why it is important to manage expectations in your business - when you don't, the unexpected happens!

We have road laws that control how traffic behaves, signs that indicate who is required to give way or stop, speed limits and many other things that are provided to ensure we are safe and consistent on the road. Today's accident occurred (in my opinion), because someone decided that they would do the "unexpected".

Simply, he stopped to allow traffic that legally did not have the right of way to turn. As he stated after, he thought he was "doing the right thing" and that "they could be waiting for ages".

The problem was that this was not a behaviour those travelling behind were expecting - we were expecting him to follow the rules. He hadn't even thought that others would be expecting him to do something different!

Now we have said before in this blog that the number one thing we see when asked to assist businesses with issues that develop with people is that there is an inconsistent approach to expectation management.

When expectations aren't clear or not understood, then problems occur. In the case of the car accident, the expectations were clear, but the understanding was not - the driver did not understand the need to stick to rules, he did not understand the effect that his actions may have (I am sure he does now!)

So there is a lesson to be learnt from today's event - how you deliver and ensure understanding of your and your businesses expectations is important in ensuring your business remains on track - without any "accidents".

This is were tools such as position descriptions, employment agreements, codes of conduct, processes and procedures become very important. They lay out the basic "expectations" of the business in regards to behaviours, customer and peer interaction, business development etc. If these are clear and easily understood, you are a long way along the track to ensuring a smooth running business.

In line with this is ensuring that you have strong systems to communicate formally and informally with your team. This includes performance management systems and the way you pass on important information. Regardless of the size of the business, these systems in themselves can be designed to improve both individual and business performance.

Equally important is the demonstrated behaviour of owners and managers of your business. By ensuring your own actions are line with these expectations, you are providing an example to your team.

If you would like to improve the performance of your team, first look to how you manage your expectations - For many years, we at People Smartz, have been assisting in ensuring that businesses run smoothly through the strong development of these expectation management tools and behaviours. Call us today to assist you!

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Business Confidence Dropping - Latest Quarterly Index released

Fri, 29 Jul 2011 14:00:00 GMT

The HR Coach Research Institute has released its latest quarterly index. The latest information coming out of the business sector indicates a significant drop in business confidence and a unique situation developing in terms of a two speed economy. The following summary is provided courtesy of the Institute:

"Alarmingly, this data wascompiled before any firm Carbon Tax plan was released by the federal government, thus does not account for the affects of the proposed tax. In light of this, confidence and sentiment in the business sector will most probably not improve in the coming quarter.

Furthermore, job advertisements fell, as did job creation in the past quarter.

The multi-speed economy in Australia is presenting the business sector with the unique situation that has the economy growing whilst at the same time making business owners retreat into survival mode. As a result long term planning and strategy are suffering.

Interestingly employee satisfaction levels within the business sector are higher than those of business owner's satisfaction with their own business. This could exacerbate already strained relationships."

You can download a copy of this latest research from our website - HR Quarterly Index

Common Sense at Last! After School Work Back on the Agenda for Teenagers

Tue, 21 Jun 2011 14:00:00 GMT

On Monday, Fair Work Australia finally laid down a decision that should have not been required in the first place. Nearly a year and a half ago, a number of teenagers lost their after school jobs because of a clause within the General Retail Award which basically said a casual could not work for less than a 3 hour period. For these teenagers, this effectively ruled out going to work after school as the time between school finishing and the retail outlet they worked in closing was less than 3 hours.

Now having restrictions on the minimum hours that can be worked is understandable. In fact, to a certain extent, I support them. However, when you are restricting the ability of teenagers to learn important work habits, then the law needs to be modified.

Arguments from unions etc that easing this restriction would lead to "job losses" and "lower wages" did not really argue the primary point - that by enforcing this rule we were interfering with what is basically a vital learning area for our younger generations. To suggest that allowing teenagers to work out of school hours was going to cost adults jobs just goes against the fact that most of those adults started exactly where these teenagers are now - with after school work! Where did these adults learn the work habits that brought them to employment in later life if not in jobs such as these?

While it took 16 months and 3 rounds of arbitration to get there, this is a decision that should be congratulated. Despite the unions and government supporting the maintenance of the 3 hour limit, the tribunal has decided that provided a certain set of circumstances exist, a school aged person can work for less than a 3 hour period.

Under the new arrangements, school age persons can work a minimum of a 90-minute shift. This will apply only if the employee is a full-time student; that the hours worked are between 3pm and 6.30pm on a school day; and the employee and their parent or guardian agrees on the shorter period. The shorter period is also allowed only if employment for a longer period is not possible because of the operational requirements of the employer or the unavailability of the student.

These arrangements are simple commonsense. It is a pity it took so long to arrive at this decision!

Dress for Success - An Important Message for All Business People!

Thu, 16 Jun 2011 14:00:00 GMT

Have you ever wondered how important good presentation is to your business? How dressing your team well could impact your business performance. Have a read of this great article from one of our business partners - House of Colour Brisbane. If you or your staff are in need of an "image refresh" - their contact details are at the end of the article!

First impressions matter, your customers’ opinion of your company, your product or your service will be influenced by their opinion of you and your staff. Thus it is vital to ensure that your professional image is giving the correct message about you and your business.

Firstly think about your profession and who you are going to meet, you need to dress appropriately for what you represent, but also for your clientele and also the location where you are meeting. If you are a personal trainer going to talk to a church group about the benefits of exercise and healthy eating it would be unwise to dress in full business suit regalia, instead it would be more appropriate to dress in a smart, clean, branded polo shirt and smart trousers. Whereas if you were a banker presenting to the same group you would want to carry slightly more authority so a quality shirt and tie (in your top colours) but without a jacket, since you need to be approachable to that group and a jacket can be a barrier to free communication. However, if you were the same banker presenting to a potential corporate client, you would want to carry full authority with a quality well fitting suit, a tie and high quality accessories.

The accessories we use are also important; these are a silent form of communication which can establish your professionalism. One client of mine, a female financial planner noticed a difference in the reaction of her potential clients when she switched from her basic phone to a Nokia communicator, suddenly she was taken more seriously - she had the correct tools for the job.

Likewise be aware of the watch you wear, a smart, quality watch shows you value your time, and thus the time of your clients, whereas as a sports or branded watch may be fun, but is it appropriate in a business environment? Another accessory to consider is your pen, does the pen you use state Professional Person? Or is it a chewed Biro which does you no favours in the status stakes? And what about your briefcase? Is this sending out the professional message or is it past its sell-by date and needing replacement?

I recently met with a sales guru who wanted to make sure his image portrayed his professionalism and that he wasn’t displaying any unknown barriers to communication. We looked at his accessories, and I immediately pointed out his key fob, it was a UK football team logo and it turns out he was an avid supporter of this team, well what happens if his client is an avid supporter of the opposing team..?

Grooming is probably the most important factor, you can have all the right tools and dress appropriately for the situation, but if your personal grooming is not impeccable you will not create the desired for first impression. Make sure that hair is clean, neat and not a distraction, make sure your fingernails are clean and for women that nail polish is not chipped. If you are female, wear appropriate make-up, a lack of make-up gives the impression you have just got out of bed and could not be bothered, whereas heavy pancake make-up can be mask to hide behind and is not appropriate in a business setting.

Finally make sure you are dressed in your top colours, wearing the wrong colours can make you look, tired, drawn, overweight, drab and boring, whereas wearing clothes in your correct colours will ensure you look healthy and dynamic.

Ann Whitaker
House of Colour and Image
Tel 0424 656 097
Email ann.whitaker@houseofcolour.com
Website www.houseofcolour.net.au

Building on The Strengths in Your Business

Tue, 24 May 2011 14:00:00 GMT

When we first started People Smartz, our aim was to assist companies who understood that people are the most important asset a company can have. Our aim has never changed, we believe that it is people who can drive a business to success and have not moved from this belief. This means our aim has always been to work with businesses to assist them to build the individual and collective capability within a business - the aim being what we call "Mutual Success".

Last week we met with one of our long term clients. They are a small company of 20 employees with offices in two states.

This company has strong leadership, some good managers and some good people - A recently completed employee survey assessed their employee satisfaction at 73%!

But it was the items that the survey raised that interested us - what they were doing well, and what they could do better.

What the survey enabled us to highlight was the differences in management and leadership between the states. Where one state was strong in communication, the other was not, where one state was strong in sharing company performance, the other was not etc.

This has enabled us to see identify the individual strengths of the managers and use them in our planning to assist the company in moving forward to "mutual success". By developing a plan utilsing the individual competencies each manager is displaying, we can use those strengths to develop weak areas in another area of the company, or even in another individual.

Building on what you already have in an organisation can sometimes have a very positive effect on a company. By identifying the strengths you have in managers and staff, and utilising them to build the business you are developing not only the company but building responsibility, accountability and ownership - all positives for any company!

If you would like assistance in developing a plan to improve the performance of your company and encourage "mutual success" - Contact Us Today!

New Numbers Released on Unfair Dismissals

Sat, 14 May 2011 14:00:00 GMT

For the last two years, we have released many blogs posts on the unfair dismissal laws contained in the Fair Work Act. Earlier this month, Fair Work Australia released its latest quarterly report. It contains some interesting numbers in regards to unfair dismissal claims and the Fair Dismissal Code for Small Business. With unfair dismissals, the tribunal received 3219 unfair dismissal applications in the quarter. The overwhelming majority of these (2564), were settled at or before conciliation. The tribunal made decisions on only 64 dismissal claims in the quarter, finding 24 were unfair and 40 fair. Only 18 claims resulted in a decision awarding compensation to the ex-employee.

Employees are now much more aware of their rights under the act and claims are on the rise. Many of our clients are reporting that claims made against them have been frivolous and they have settled "just to make it go away". The numbers released this month certainly seem to uphold what they are telling us!

From the numbers presented by Fair Work Australia, The Fair Dismissal Code for Small Business is not working! While 609 applications related to a small business employee, only two were rejected because the dismissal was consistent with the code.

We believe this is a worry - if followed, the code is designed to protect a small business from unfair dismissal claims. At People Smartz, our experience is telling us that, if they know about the code at all, most businesses are finding it difficult to understand - after all, it is basically a corporate process that they need to follow!

We believe that small businesses are generally finding it difficult to work with these laws and over time the issues they present are compounding. The latest set of numbers from Fair Work Australia seem to indicate this is correct!

Given the current state of Australia's workplace laws, small businesses need to ensure they have the systems in place to protect them against unfair dismissal claims. This includes having appropriate systems in place to manage poor performance and terminate staff.

At People Smartz, we are experienced in assisting our clients to put such systems in place. For many years, we have had in place a review process for small business called a "People and Business Review". This is designed to review what is in place in your business and assist you to identify the changes you need to make to protect your business. Why not book yours today?

Contact Us Today!

Pressure Rising on Fair Work Act

Sun, 17 Apr 2011 14:00:00 GMT

It appears that we are finally starting to see some real pressure being put on the Opposition to provide a real policy difference between the parties in relation to industrial relations. Even Heather Ridout, once a supporter of the Fair Work Act, has recognised the need for debate in this area. And it is about time too! The Fair Work Act does not balance the playing field in industrial relations and is providing disincentives to small and medium sized businesses. It is complex and a minefield for players in the game who do not have the time, resources or knowledge to manage it.

At People Smartz we work predominantly with businesses who do not have a Human Resources team, they do not have experience in interpreting the awards and they do not have the time to understand all the complex points of the different areas of the law.

Only last week I conducted a review for a small business person. His business was operating well and, as far as he was concerned, was compliant with the award and legislation. However, by the time the National Employment Standards, the Modern Awards, the transitional arrangements and the difference between state and federal jurisdiction had been explained to him his comment was "how am I supposed to keep up and understand all this!"

This particular gentlemen was not working with his staff compliantly and needs to make changes to his employment arrangements. Due to the changes between state and federal coverage, he had missed several important points of coverage, because of transitional arrangements he had missed increases in minimum wages, because of a lack of understanding of the National Employment Standards he was underpaying staff in accordance with the "Better Off Overall Test".

He is not alone. We see small and medium sized businesses every week who are in some way not meeting the minimum entitlements under this legislation. And it is important to note that this is because they don't understand the requirements on them.

Over 80% of those employed in Australian businesses are employed within businesses that have less than 5 staff. These businesses are the real engine room of Australia's economy and they are woefully ignored by an industrial relations system which is not designed to help or support them. Nor have we seen any real effort to provide them with the education they so badly need.

Since 2005 we have had two pieces of legislation that have led the industrial relations debate - Work Choices and the Fair Work Act. In my opinion, each of them has taken the debate to the extreme left or right in an effort to either decrease or increase the power of unions within the Australian political and industrial relations arena. Their underlying aim has not been the development of any "fair and equitable" system, nor have they been designed with the primary aim of benefiting the Australian Economy. Their real and underlying focus was on union power.

It is time that we moved this debate along, the opposition needs to move on and start challenging the inadequate aspects of the current legislation and bring the discussion back to developing a system designed for all Australians and that can support all Australian businesses. The Opposition needs to stop treating this as a "no-go" area, forget Work Choices and begin encouraging real debate in this area.

It is only through real debate that we will see change - thank god, we are beginning to see some movement in that direction.

Importance of "Fair" Disciplinary Procedures Emphasised

Sun, 20 Mar 2011 14:00:00 GMT

A recent case before Fair Work Australia has emphasied the importance of employers having a fair and published process in regards to handling disciplinary problems with staff. The case (Michelle de Leon v Spice Temple Pty Ltd [2010] FWA 3497, revolved around the "abrupt and quite unprofessional" manner with which an employee had dealt with a high profile customer. As a result of a complaint from the customer, the employee was dismissed from her position. The Deputy President of FWA was very critical of the employer because:

the decision to dismiss the employee was made prior to meeting with her to discuss the issue. In the words of the Deputy President, she was effectively "ambushed" by the allegation and was given no opportunity to respond to the allegation.

she was not given the opportunity to have a support person present at the meeting (the employer did suggest that the staff members immediate supervisor was present to support her but this was not accepted).

she was not given any written warning about her conduct nor was she given a letter of dismissal stating the reasons for the dismissal.

In the end the Deputy President described the whole process as "a complete sham" and "totally unacceptable and a denial of procedural fairness". The Deputy President also described the situation for which she had been dismissed for as not "coming within a bull's roar" of the commonly accepted definition of misconduct. Finally the dismissal was described as "harsh, unjust and unreasonable" and "if there was a scale of unfairness, this dismissal would be in the top quartilie".

The employer was then ordered to pay the employee 12 months pay as full compensation for loss of wages.

This case highlights the importance of ensuring you have a fair and equitable process in place to handle disciplinary issues.

At People Smartz, we regularly receive calls from members of our community who do not have these processes in place. Generally, the call is received when a problem has arisen and there is some concern regarding the situation. In nearly all cases, the presence of a established and published process for dealing with such situations is needed but is currently not in place.

At People Smartz, we can assist your business to have the appropriate process in place, easy to use and tailored for your business.
Contact Us Today For More Information

Warning - Fair Work Ombudsman says Leave Loading Payable on Termination

Tue, 01 Mar 2011 14:00:00 GMT

The Fair Work Ombudsman has given advice that award wage employees are entitled to the payment of leave loading on termination of employment.

In the past it has generally been accepted that on termination of employment, a departing employee was entitled to the payout of annual leave accruals but not leave loading. However, in a Senate Hearing a couple of weeks ago, the Fair Work Ombudsman announced that they had received legal advice from the Australian Government Solicitor saying that award wage employees "should now be entitled to loadings on untaken annual leave"

From our understanding here at People Smartz, this advice is based on the fact that the The National Employment Standards, which apply to all employees, actually say that employees must be paid out accrued annual leave payments at the rate they would have been paid if they had taken annual leave. If leave loading is applicable to the employee - then this means that leave loading is payable on termination.

Has would be expected, the Federal Workplace Relations Minister - Senator Evans as backed the Ombudsman and the advice being given. As also can be expected Employer Groups are not happy...

During a recent conversation with Fair Work Australia, we asked if employers would now be liable to backpay claims from employee. Their reply was that " this would be applicable to employees who terminated any time after January 2010". This also opens the possibility of complaints being lodged with the Fair Work Ombudsman regarding underpayment of entitlements. If this occurs, we expect, and hope, that the FWO would treat such complaints on their merits.

So what do you need to do

First when calculating termination payments, you need to fact in leave loading (if applicable to the employee).

Next - if you are approached by an ex-employee for the payment of leave loading (if they were terminated after January 2010), you need to backpay them their entitlement.

If you would like more information on this development - Contact People Smartz

Queensland Floods and Employment

Thu, 13 Jan 2011 14:00:00 GMT

With Queensland in the midst of one of the great natural disasters, nearly every business we are speaking to is effected in some way. Some are under water, or commencing the clean up after being under water, others are not but have staff and team members effected. This scale of this is just incredible. Our thoughts are with each and everyone of you.

Over the last couple of days we have begun receiving queries about issues regarding employment and the floods. If you would like information on employment issues such as leave, standing down employees etc, visit our Queensland Floods page.

We have also created a forum topic where people can go to ask questions - The People Smartz Forum. It you have any questions regarding employment and the floods, feel free to post them so everyone can see.

Unions to Push for Casuals to Become Permanent

Sun, 07 Nov 2010 14:00:00 GMT

The unions last week began a push to enable casual employees to transfer to permanent employment. The plan proposed by the unions would require employers to make casual employees permanent after 12 months. There was also some discussion in the plan about governments “favoring’ companies with majority permanent workforces in the awarding of contracts. The unions believe such an approach is necessary to tackle “precarious employment”.

Business groups were not happy (as you would expect) claiming that such moves would drive companies “to the wall”. They called the approach a “misguided view of the jobs sector” and said “it doesn’t relate to the modern-day Australian economy, which is dominated by the services sector”.

We gave had such rules before. In 2004/5, rules where “regular and systematic” casual employees were allowed to request part time employment were introduced. We had a similar “hue and cry” then!

From my experience, very few casual employees wanted to take up the opportunity. Australian workers generally understand the difference between casual and permanent employment and are often loath to let go of the 20-25% loading for casual employment.

Casual employment is designed to allow an employer to handle the peaks and troughs of their business. Casual employment contains no guarantees and no expectations of employment beyond the end of the current shift. In its purest form, it is “call and come to work”. Because there are no guarantees or expectations of future work, a loading is paid to compensate for the lack of annual leave, sick leave etc etc.

But the needs of the business often necessitate rostering casuals for work, sometimes weeks in advance. Overtime, this leads to businesses adopting rostering systems which virtually “guarantee” work to a casual. Basically, the employment becomes “regular and systematic”. When work becomes regular and systematic, the question needs to be asked – are they really casuals?

This is the point behind the unions push. If a person is employed as a casual but doing regular shifts and systematic work then they should receive the entitlements of permanent employees because in practice, that is what they are.

Whether you agree or don’t agree with the unions, there are many advantages to creating a permanent workforce in your business. A guarantee of employment encourages commitment and develops “ownership” in the role. Accountability is easier to assign to someone whose employment is guaranteed and your ability to develop consistent behaviors’ is improved.

Many businesses I deal with argue that putting on permanent staff “takes away the flexibility” from their business. For some businesses this may be true, and for them, I would not recommend such a measure providing the employment they were offering was not “regular and systematic”.

Another argument I often hear is that it is too expensive to have permanent employees. Well, the fact is that in the long run it is probably cheaper! While you need to accrue leave etc, you will not be paying the 20-25% loading and your productivity will most probably improve. The reality is that it often has nothing to do with “cost” but more to do with “ease” – it is easier to pay everything out with a 20-25% loading than have to “accrue”.

The ease of “getting rid” of casual employees is also stated as a reason for keeping people as casuals. However, the reality is that if they are regular and systematic in their employment, the unfair dismissal rules will most probably apply – the end result being that this argument is flawed in its execution!

For any workforce, permanent or casual, I recommend you sit down and work out the number of hours being worked in your business. Is there a constant number of hours worked in each week? This is the first step in working out whether you can (or should) put permanent employees in place. If you can, casual employees can then be used to handle the peaks and troughs – not for the constant hours.

If you must have casuals in your business, then think seriously about how you work with them. Do you roster them in a regular and systematic way? Do you need to do this? Can you do it any other way? In other words – do some workforce planning!

Would you like to know more about how you can improve the use of people in your business? At People Smartz, we assist businesses in planning for the most efficient and effective use of their workforce. We work with you to ensure that you are using your most important resource in a manner which leads to success for you, your business and your team.   Call us today!

Free Superannuation Clearing House For Small Businesses

Thu, 04 Nov 2010 14:00:00 GMT

One of the things small business clients often talk to me about is the time it takes to process their superannuation obligations, particularly when they have a number of employees with different superannuation funds. Well finally we have seen the establishment of a clearing house to help small businesses meet their obligations!

A free (and optional) super clearing house service is now available to small businesses with less than 20 employees to help them meet their super guarantee obligations.

The Small Business Superannuation Clearing House is administered by Medicare Australia and lets employers pay their super contributions to a single location in one simple electronic transaction.

Small businesses that register to use the service will have their super guarantee obligation discharged, as long as all of the following apply:

they pay the correct amount;

they pay by the super payment cut-off date;

the payment is accepted by the clearing house; and

the payment is not rejected by the super fund.

Employers who receive an employee's choice of fund nomination will have their choice obligation discharged if they pass the information to the clearing house within 21 days of receiving the choice of fund nomination.

Small businesses can register online for the service by:

visiting the Medicare website at www.medicareaustralia.gov.au/super; or

phoning Medicare Australia on 1300 660 048.

Mutual Success Workshops - Benefits for All in the Business

Sun, 31 Oct 2010 14:00:00 GMT

Recently People Smartz launched a new one on one workshop called "Mutual Success". These workshops are built on the premise that employers and employees working together can achieve success on a business and individual level. We've called this "Mutual Success". Really, its all about building busienesses through stong connections between all members of a business's "Team".

The workshops take a whole of business approach to managing people in a business. They begin with seeking the needs of the business owner and identifying those areas of the business which may be effecting the achievement of "Mutual Success".

This begins with the basics - is the business providing their team members with all their entitlements, is the business complaint with Australia's new industrial relations laws and what behaviours are effecting the achievement of success.

We then move on to talking about how the business can move someway towards achieving "Mutual Success" and putting in place a plan to start them on their way.

Having completed a small number of these workshops, I have found that the results are incredible. Not only are businesses finding new ways towards success, they are also covering off on important areas of compliance. For thoses businesses, managing people has become a factor in their success! One comment made by a workshop participant was "this has changed the whole way I look at my staff.  They are part of my competitive edge - not just a cost on the business".

At People Smartz, we strongly believe the development of "Mutual Success" is essential to the success of small to medium sized businesses. In fact, we believe so strongly in this concept that we have decided to offer the "Mutual Success" workshops to small and medium sized business for free for the next 3 months!

Businesses taking part in the workshops come away with

A new awareness of what may be challenging your business in regards to staff within your business

Identify 3 things you can do now to improve productivity, staff retention and staff costs in your business

A 3 month “Getting the Basics Right” Smartz Plan individualized for your business that you can begin work on straight away!

Visit our booking page to find out more today!

Christmas and Your Business Party - Beware....

Tue, 26 Oct 2010 14:00:00 GMT

Recently, Australia's newspapers have been full of the story regarding the Sexual Harassment claim against the CEO of David Jones.These stories have highlighted the risks businesses have regarding harassment in the workplace. However, the purpose of this posting is not to discuss the David Jones case - it is to highlight the fact that we are now approaching that time of year where such complaints increase.

Yes it nearing the end of the year. We are entering party season - a great time to unwind, rub shoulders with workmates etc.  This can be a fun time!

But end of year parties have a very serious side as many of these antics lead to "regrets" after.

Recent research in Australia found that 70% of people believed that hitting the booze led to a more "personal" feeling amongst staff. Nearly a quarter of females interviewed admitted that their boss had made a pass at them at an office party.

Such behaviours can present many problems for businesses, particularly if the "antics" involved lead to a complaint from a member of staff regarding the behaviour of another.

It would be easy to say "no office party" or "its too risky", but sometimes the advantages of holding the party far outweigh the negatives. The decision to have or not have one is one for the business alone.

I would recommend a level headed approach to this years Xmas party - making sure the party is well planned and your staff are aware of the required behaviours before hand. This way you can have the fun while managing the risk!

To help you plan for your businesses party, download our Christmas Checklist today.

Government Reports Number of Unfair Dismissal claims on the Increase

Mon, 25 Oct 2010 14:00:00 GMT

Recently, the Parliamentary Secretary for School Education and Workplace Relations said that the number of unfair dismissal claims under the Fair Work Act had increased. She said the number of claims in the 12 months to June this year was 10,751. This is significantly up from 2008-2009 where a total of 7,994 claims were made. If you like talking in terms of percentages, this is a 35% increase in claims.

Significantly, she also said that 83% of claims were resolved through conciliation. She used this as evidence that the new system was working

I am seeing clients weekly who are becoming more concerned about the effects of the new laws and the ease of making an unfair dismissal claim. For them, the figure of 83% of claims is evidence that the system is not working.

They are hearing stories of businesses paying “go away” money to make these claims go away regardless of the validity of the claim.

Now, there has to be some protection for employees against unfair dismissal – I don't think anyone will argue with me on that. Laws of the type we have now work better in the corporate environment, and largely that is where their designed for use (I will not argue whether they work in the corporate environment that is another issue). In smaller businesses however, a different set of circumstances are at work.

First, SME’s normally do not have access to HR Teams or the systems in place to manage problem situations. Normally they are handled from gut instinct or based on a small amount of experience. Often that experience is under previous industrial relations regimes and not necessarily relevant to the current circumstances.

Second - Without having the systems in place, the business owner and the employee are often directly affected by the complexity of the new laws. The majority of small business owners I have spoken to have never heard of the “Fair Dismissal Code for Small Businesses” and have very little idea about the steps they need to take to protect their business – and themselves.

I regularly receive calls from businesses that are having problems with employees. Because they do not have formal processes in place, they are concerned that their actions may result in a complaint or claim against them. The regularity of these calls is increasing. Another example of this is the increasing number of businesses approaching People Smartz to request assistance with putting in place systems to protect their business – this has increased by 22% since this time last year!

For the first time ever, we are also receiving calls from employees – asking how they go about making a claim! Over the last month, we have received 12 such calls with another 5 queries through our website. All except one have revolved around perceived unfair treatment in the workplace or underpaid entitlements.

While this is good for our business, the fact is that small to medium sized businesses need education, a concentration on developing fair and equitable systems and assistance with developing productive and efficient workforces. They do not need increased complexity, aggressive regulation and regulatory systems that encourage claims regardless of their validity.

However, this is the regime that we have. The Work Choices legislation has resulted in a polarization of the debate about the industrial relations system and we are unlikely to see a constructive debate about the system for awhile yet. As a result, businesses need to work to develop the needed systems and infrastructure to ensure they are compliant.

People Smartz is ready to assist small to medium sized businesses to ensure they are compliant and protected. We offer a number of services designed to review and inform businesses of the areas of risk in regards to the new legislation. Why not start by booking your Human Resources Review of Your Business today!

Is "Systematic" Coaching the real answer?

Thu, 19 Aug 2010 11:49:00 GMT

Recently I read a blog by a member of a large international coaching organization. In the blog, the writer quoted W Edwards Deming (a guru of quality management and credited with the rise of Japan as a world powerhouse in manufacturing after WW2).

According to the writer, in the quote, Deming said that “that 94% of all failures in a business are the result of the “systems” in the business and only 6% of the failures are caused by the people in the business.”

I agree with Deming, however I disagree with the blog writer (who even managed to spell Deming's name incorrectly) who basically then went on to use this quote to explain why systems over people will create “leverage” in the organization.

The basic fault with the article was that it was designed to promote a systematic version of business coaching that is more concerned with short term gains rather than long term ones. It is designed to encourage people to take a one size fits all approach to a business without taking into account the individual aspects of; or the people in, their business. In short, it was an article designed to inform about how to save time, create a picture of short term success and promote their product.

Now, I’ll be up front and say that my blog is designed to raise the profile of my business. I believe you were probably aware of this when you started reading; however my approach here is to ask you to think about the relationship between people and systems.

I believe that a business’s success is a result of the direct relationship between efficient systems and the people running them. Systems are not the end, they are the beginning of the real process – that of creating a long term viable business.

See if you agree with the following comments:

People run the systems, not the other way around.

People make decisions, not the systems (the system can guide them in the right direction but in the end it is the people who make the decision).

People create relationships with People, not with systems.

A business succeeds because of the drive of the people running it – the systems make sure they are all on the same road.

I am not writing here saying that systems are not important. In fact I believe they are important tools in maintaining consistency and quality, setting expectations and ensuring your business succeeds. The more systemized a business is, the more likely it is to succeed. Not because it is systemized, but because the systems create the time to concentrate on the important factors of business success.

The important word in the previous paragraph is “tool”. Because that is what a system is - a tool that assists you, and your team, to achieve business success. Imagine telling a carpenter that he didn’t build the shelf, the power drill did? Would he or she accept that? No way! It is the same with your business, you need the systems as a tool towards the end product – and success for your business is the end product.

But regardless of the systems you have in place, it is important to have the right people to run them. This means becoming very good at knowing who the right people are in terms of attitude, skills and abilities. Simply getting the right person in your organization, training them and working with them is probably one of the most important roles of a business owner or manager.

I know of one coaching organization that is so systemized in its recruiting approach that it advocates placing an answering machine on the phone, asking people to sell why they should get the job to the answering machine and then inviting the best answers to a “group interview” (Don't believe me - drop me a line and I'll give you the title of the book!)  The designers of this "system" know business owners are time poor, they know that saving time is attractive - so they have come up with a system designed to “save time” not to select the right person. Ask yourself would such a system really work for your business? Would you be confident of selecting the right person?

In the last week, I have received a call from a client of one of the bigger coaching groups. They are looking for a business coach who is “people” rather than “system” orientated.

They commented that they had commenced coaching on the same week as another business run by a couple they are friendly with.  They were in different capital cities, using a different coach from the same international coaching franchise.

The funny thing is that they had compared notes and found that the things they were being asked to do, the information they were being given and the advice they were being given was exactly the same – even to the point of them receiving exactly the same fax one day before a coaches visit on the same week of their program! What’s more, they both saw red when advised that all future coaching sessions would be over the phone to “save them time” – and that advice was given in the same week!

Maybe they were similar business you say? No - one was retail and the other light manufacturing, one had 120 employees, the other 15. One had been established less than a year, the other more than 10. In short, they were being coached via a system with no tailoring for their individual needs. Both companies are now in the process of finding a new coach. Why - because it was the system that was coaching them, not the coach.

To end this article, I would like to go back to W Edwards Deming. In his book “Out of Crisis”, he advocated a 14 point plan to save US industry in the 1980’s. While Deming was a big (read this to mean big) believer in systems, he was criticized for providing a set of goals (his 14 points) without providing any tools to make them happen. When asked about this by managers his reply was “You’re the manager, you work it out”.

And to end, another quote from Deming – “A system must be managed. It will not manage itself” (The New Economics for Industry, Government, Education (1993))

Seems even the quality guru, Deming, believed that business was about a relationship between people and systems....

I can only say that business coaching and consulting is the same. Think about this next time you look for a business consultant or coach – regardless of their specialty area!

P.S. I have made several comments and criticisms in this article, If you would like details of where this information has come from (i.e. links, books etc.) please contact me and I will be happy to provide (except where it would break client confidentiality).

Loyalty - is it right to expect it from employees?

Tue, 08 Jun 2010 14:00:00 GMT

A couple of days ago, I had a long conversation with one of my clients. His lament was one I have heard before from business owners - that staff these days are no longer "loyal" to their employer. There is an endless amount of research regarding the difference between generations, and the changing face of our workforce and really I don't intend to go into those in this blog - what I would like to talk about is an often missed part of "loyalty" - that of individual identity and identification.

Let me explain by using myself as an example - I spent a good period of my life in the Navy.  If you were to ask who I was, I would say I was a "Sailor" - it is how I identified myself to myself.  In fact, if I was talking to someone with a naval background I'd probably take this further and describe myself as a "Yeoman" - a title that would not mean much to people outside the Navy.

Now over the years, I have begun a new career, founded a company and been fairly successful in my endeavours. I truely enjoy the work I do, dealing with clients who are pursing their own dreams and goals. While my personal picture of myself has altered, there is still that element of my description which says "Sailor".

My point is that this personal identification has created in me a certain amount of loyalty to an organisation I left quite a while ago. In my mind, that recognition and loyalty is still there.

For Business Owners, it is easy for them to identify themselves with their business - after all they own it, run it and are responsible for its success or failure.

Sometimes it is hard for them to understand that their employees may not feel the same way about the business. But after all, if their employees have had no opportunity to "recognise" themselves as part of the business - what have they got to be loyal about?

Speaking to my client the other day, we begun discussing this in relation to his business. He is a very hands-on type business owner. For him, his employees are people who come in, do a days work and then leave - the business is his to run.

While talking, he begun to share some of his own experiences about when he felt the most loyalty to his own employers.

With this - he realised that he couldn't really expect loyalty from his staff if he was not offering them something to be loyal about.

I left him to think this over and consider what actions of his own were actually leading to the situation that was annoying him.

I'll let you know how he goes over the coming weeks.......

We Don’t Need to Worry About That

Mon, 26 Apr 2010 14:00:00 GMT

In my travels around businesses, I speak to a lot of businesses owners. One of the most frequent responses I get when speaking to them about the new industrial relations laws is the title of this blog. “We don’t need to worry about that” is a refrain that I hear quite alot. The basic premise is that if they haven’t had a problem before, then they will not have one in the future.

As far as the industrial relations laws are concerned, thinking this way is not a smart move for business owners and managers. Over the last couple of months, I have seen an increase in the number of businesses calling me for assistance after having received a letter from the Fair Work Ombudsman regarding a complaint from an employee. On nearly every occasion, the business concerned had, until now, a belief that “We don’t have to worry about that”.

In a recent article, Judith Radisich from the Council of Small Businesses of Australia, in a response to a survey of small businesses said the following: “I am surprised that a higher proportion of small business respondents did not report complying with IR and OH&S laws takes up a higher proportion of their “people” time. Perhaps the main reason for this is that survey respondents don’t spend much time on compliance because the laws are simply too complex and virtually impossible to get on top of for most small business owners”. So, yet another reason for businesses to say “We don’t have to worry about that” – it is simply too hard to say otherwise!

One business I am currently working with has received two complaint letters and has been requested to provide payroll records. The danger for this company is that the complaint, if found correct, could result in a large amount of back pay being ordered that the company cannot afford to pay. Now the owners are not bad people, they have not set out to deliberately underpay their staff and are quite distressed that they may have. But even they admit that they thought “We don’t have to worry about that”.

The fact is that we have recently gone through one of the biggest revamps of industrial relations in a long time. When this is combined with an active workplace ombudsman (The Fair Work Ombudsman) with the power to order back pay, award fines and commence prosecutions then you have to wonder whether businesses can really afford to say “We don’t need to worry about that”.

Workplace Bullying - A Timely Warning for Businesses

Mon, 29 Mar 2010 14:00:00 GMT

Many thanks for this story to the HR Coach Network - it is a timely reminder for employers regarding bullying in the workplace and the possible effects of not having the appropriate measures in place.

A recent tragic case has highlighted the need for employers of all sizes to be proactive and vigilant in respect to bullying behaviour within the workplace.

The case involved the death of a 19-year-old cafe employee in Victoria, who committed suicide after more than 12 months of bullying at the hands of her co-workers. It was found that the victim was subject to constant taunting, criticism, name-calling and on at least one occasion had sauce poured over her clothes and hair.

In what is largely being regarded as a turning point for workplace bullying cases, the business was fined $220,000 for failing to provide and maintain a safe workplace and failing to adequately train and supervise its employees.

The presiding Magistrate said that the company had “tacitly approved” of the bullying behaviour. One of the company directors was personally convicted and issued a fine of $30,000. In a further landmark decision that has seen the liability for bullying extend beyond businesses to individual employees, three of the victim’s co-workers were convicted and fined a total of $85,000.

Combined with a recent survey indicating that nearly 1 in 5 workers has been subject to bullying, the case highlights the importance of employers and employees alike taking measures to prevent and eliminate bullying in their workplaces.

Australia's New Modern Award System

Tue, 23 Mar 2010 14:00:00 GMT

Australia's new Modern Award system is now nearly 3 months old. In that time, I have been dealing with small to medium sized businesses, assisting them in ensuring they are meeting the requirements of the awards and the National Employment Standards.

One of the comments that keeps coming up revolves around which award covers a particular business.

Now, this is really not surprising - there has not been a strong education process for small to medium sized business about the changes and most are not experts in industrial relations or reading awards.

Without going into great detail, some of the changes effecting small to medium sized businesses include:

The introduction of modern awards

The introduction of National Employment Standards

The move for most from state based to national based awards.

The introduction of Modern Awards has involved major changes for small and medium sized businesses. The process of introduction begun with a "modernisation" process which saw over 1200 awards reduced to approximately 120.

This process of modernisation has resulted in some broad classifications of employment, which for some business people is hard to understand. Once again, with such a large change, this is not surprising - the move to "modernise" awards has led to Modern Awards with very broad coverage and classifications need to be generic enough to allow this.

As an example of this, I was recently working with a business which found it difficult to actually identify the award their employees could be classified under. Going by the classification themselves, it was a difficult exercise, with none in the most obvious award (the General Retail Industry Award 2010) really fitting.

We were able to step our way through a process of identifying the appropriate award and classification, finally ensuring that their employees were employed under the appropriate award. This has allowed them to identify the changes they will need to make over the coming period as the transitional arrangements take affect.

To assist business people to identify their awards I am conducting a free webinar next Tuesday (30 March) at 1pm (Brisbane Time). Titled "Modern Awards and Your Business", the webinar will cover areas like identifying award coverage for your business and other practical areas.

New Workplace Laws - The Top Five Things Businesses Are Missing

Tue, 23 Feb 2010 14:00:00 GMT

Over the last two months, we have seen a huge increase in businesses requesting we conduct our free compliance check on their business. The reason for this is the implementation of the new Modern Awards and the National Employment Standards. We are now seeing the effect of these new awards and standards on business and the additional burdens they involve. Our experience with these reviews has enabled us to identify the 5 most common things we are seeing that businesses need to change because of the new laws.

Here they are (in no particular order):

Expectations of 40 hour working week - a 40 hour working week is not in accordance with the National Employment Standards. These standards set the maximum number of hours at 38 hours. Now there are ways businesses can continue to use a 40 hour working week providing their employees are better off overall. But these need to be agreed in writing through either individual flexibility agreements or a collective agreement.

Ordinary working hours not in accordance with the new Modern Award - the new awards may include a change to the hours used to define ordinary working hours. This means that from 1 July 2010, overtime or penalties may kick in at new times when compared to other agreements. These are subject to transition arrangements, but businesses need to be aware of the potential of extra cost here. Once again these may be changed by individual flexibility agreements etc.

Businesses still utilising State Awards - All Australian States (except W.A) have referred their powers for industrial relations to the Federal Government. This means that, except for state government employees, the vast majority of employers previously on a state award are now covered by new modern award. Businesses need to be aware and compliant with the appropriate award.

Lack of awareness of National Employment Standards - the National Employment Standards lay down the minimum standards of employment for all employees. By not being aware of the changes between the standards and their current practices, employers run the risk of being in breach of the standards. A couple of the most common things we are seeing are an unawareness of new work flexibility requirements and the altered termination and redundancy requirements.

Thinking they can ignore the changes - this is just not a smart business move, but a number of businesses are electing this option. I recommend if you are considering this, you visit the Fair Work Ombudsman website and read the press releases concerning the breaches they have identified and taken action against.

Should you be concerned about your business, or you want to check to made sure your doing things right - book yourself in for one of our compliance reviews today!

National Standard for Human Resources Released

Sun, 14 Feb 2010 14:00:00 GMT

In a world first, People Smartz, as part of the HR Coach Network, is pleased to announce the release of the first national human resource standard, Human Resource Framework NS HRF-101: 2010. The first national human resource standard was developed by representatives of industry across Australia, New Zealand and Asia Pacific to provide the consistency and security in human resource practices that organisations now need.

Based on four years of research by the HR Coach Research Institute, the standard is designed to suit the full array of organisations – profit, not-for-profit, government, private, large and small. Importantly, the standard is there to provide guidance to organisations. It is a voluntary standard to help organisations meet their obligations as well as to develop their employees to optimise their goals.

For organisations without a structured internal human resource function, the Human Resource Framework provides a simple and consistent method of managing people on an annual basis. The framework provides a guide to good human resource disciplines within the organisation, much the same as an accounting process.

To learn more about the new National Standard, download the White Paper Setting the Standard from our website

Welcome to 2010 - and Modern Awards!

Thu, 31 Dec 2009 14:00:00 GMT

Happy New Year! Listening to the news last night here in Brisbane, the reports were on many new laws/changes being introduced in the new year. Bus Fares were going up, politicians were going to be paid more etc. But there was not one mention of some of the most wide spread changes to the working lives of Australians. Effective today, Australia's new system of modern awards and the National Employment Standards (NES) will now govern the way businesses employ and manage their staff.

Over the past 6-8 months, I (and many others) have been seeking to raise awareness of these changes and urging businesses to prepare.

Today, the time for preparation is over - from today it is time to act......

If you haven't already identified your new award, it is time to do it.

If you haven't looked at the New Employment Standards (NES), it is time to do it.

If you haven't already identified the changes to your employment practices that will need to be made, it is time to do it.

If you haven't already put in place policies and procedures to protect your business, it is time to do it.

If you haven't already ensured your employment agreements are consistent with the new laws, awards and standards, it is time to do it.

If you haven't got appropriate processes in place to mitigate risk in areas such as harassment, discrimination, Health and Safety etc, it is time to do it.

If you haven't got a engagement plan for the unions relevant to your business, it is time to do it.

If you haven't got a plan for "good faith bargaining" and consulting with your staff, it is time to do it.

If you haven't looked into how to introduce flexibility into your business through "individual flexibility agreements", it is time to do it.

Not a bad list is it? And this is only the start!

For more information, visit the members section of our website today!

Christmas - A Time to Party or A Time to Beware?

Sun, 29 Nov 2009 14:00:00 GMT

End of year/Christmas Office parties - a great time to unwind, rub shoulders with workmates and other great antics. They can be a fun time! But end of year parties have a very serious side as many of these antics lead to "regrets" after. Recent research in Australia found that 70% of people believed that hitting the booze led to a more "personal" feeling amongst staff. Nearly a quarter of females interviewed admitted that their boss had made a pass at them at an office party.

Such behaviours can present many problems for businesses, particularly if the "antics" involved lead to a complaint from a member of staff regarding the behaviour of another.

It would be easy to say "no office party" or "its too risky", but sometimes the advantages of holding the party far outweigh the negatives. The decision to have or not have one is one for the business alone.

I would recommend a level headed approach to this years Xmas party - making sure the party is well planned and your staff are aware of the required behaviours before hand. This way you can have the fun while managing the risk!

To help you plan for your businesses party, download our Christmas Checklist today from our members section.

Businesses Need to Act Now!

Mon, 23 Nov 2009 14:00:00 GMT

Only 37 days to go until Modern Awards and the National Employment Standards take effect, use this time Now! In 37 days, Modern Awards and the National Employment Standards will begin governing the working relationships of nearly all Australians. Recent legislation passed by state parliaments will see the Federal System of awards covering all private businesses in Australia for the first time. This is a significant step forward in Australian Industrial Relations. For the first time ever, we will be coming close to having a national system governing employment relationships.

At People Smartz we are working with many businesses getting ready for the changes. For many, the changes are small, for others significant. With the Fair Work Ombudsman releasing media statements daily regarding the investigation of small businesses for underpayments or breaches of the legislation, it certainly pays to ensure you are ready! (I invite you to visit the FWA website www.fwa.gov.au to see their press releases - some of the numbers are impressive!)

As an example - one change that we often see with our clients relates to working hours. There is exposure to real risk as some businesses have been working a 40 hour week, and the law puts in place a maximum 38 hour week.

We therefore recommend you look carefully at your business now.  Some questions to ask yourself are:

How will the Modern Awards affect my business?

Are my contracts (employment agreements) up to date and consistent with the new laws?

Do my employment arrangements cover the 10 National Employment Standards

Do I have position descriptions? Do they fit in with the Modern Award?

Do we have a strong performance management system in place?

On the People Smartz website we have available for download an information sheet on the new laws.  Our Forum area is also available for you to ask questions and seek advice for your business.

In addition, we have a number of services, such as our Free Compliance Review which you can take advantage of to assess your business.

The important thing is not to leave this until 1 January - check your business now!

The Gap Storms - 1 Year on

Sun, 15 Nov 2009 14:00:00 GMT

This morning I attended a "healing" breakfast at my son's school. The breakfast was to remember the storm that hit our suburb, The Gap, one year ago today. It is hard not to remember this storm. The scars of it resonate around our suburb still. A recent newspaper article stated a significant number of children are still receiving post-traumatic stress counseling as a result of the storm. Many houses are still being rebuilt and repaired and the people refer to life "before" and "after" the storm.

We were not expecting what was to come, the day had been hot and clear. When I first saw the storm I remember thinking it was just "wrong". Everything about it was "wrong" - it came from the wrong direction, it was the wrong shape, it was the wrong colour - it was just "wrong".

When it hit, it hit with a ferocity I can not recall seeing before. Having spent 21 years in the Navy, I have experienced many storms and on one or two occasions been very scared. This storm was worse than any of those I had experienced before.

Many of you will have seen the Energex advertisements on TV - those are shots of The Gap on this day last year. The wind howled and swirled and the rain came down in a sheet cutting off visibility to less than a foot or so. A river of water came through our house flooding half of it. Power was cut off and branches were falling off trees everywhere.

But my family, and the general area we live in, were lucky. Further into The Gap and in some neighbouring suburbs, the devastation was incredible. Whole houses destroyed, roofs torn off, houses flooded, schools and churches wrecked, mudslides and trees down everywhere.

I heard many stories that week from friends and acquaintances about their experience during the storm. One friend of ours spent the night huddled in her second story as a wall of water the height of her ceiling ran through the house below her (her house is still under repair today).  Stories of people having trees fall into the next room are everywhere and there is the story of the church group listening to a concert watching the storm rip off the roof above the pulpit as the storm hit.

The clean up took months. A terrific community spirit kicked in, people helping each other and digging in to make sure things got back on track. The early days were made difficult by a lack of power, blocked roads and the need to boil drinking water but slowly things begun to happen. Emergency Services personnel were everywhere and amazing.

My two boys school, Hilder Rd State School, was unusable for several weeks, every room was flooded and equipment wrecked. The whole school was bused around to other schools in the area for weeks and repairs to the school have still been continuing throughout this year.  It has been amazing to see the resilience and acceptance of the children to having no play equipment, computers or other resources while the these things were rebuilt and replaced. Recently, it was announced that the school was in the Top 5 in Queensland in the National NAPLAN tests - not bad for a school that was practically destroyed 12 months ago! It is hard to figure out who to congratulate first - the Teachers, the Parents or the Kids!

Most people outside The Gap have forgotten that we were actually hit by two storms that week. Three nights later we were hit by another torrent of water from the sky. It again flooded many homes and caused some major mudslides in areas already coping with damage. It was an event not needed by many residents!

Today, The Gap appears to have returned to normal. Its normal tree dominated, green environment surrounded by Taylor Range and Mt Cootha has returned. It is truly a beautiful part of Brisbane.

I believe, that in most circumstances, some good comes out of everything. In the case of The Gap, I believe this traumatic experience brought a suburb closer together and I think this is a thing we should all be grateful for.  It also taught us the importance of being ready for storms, of ensuring your house is protected and, most importantly, the importance of family, friends and neighbours.

Queensland Government Jobs Assist Program

Fri, 30 Oct 2009 14:00:00 GMT

Please Note: The Queensland Government Jobs Assist Program is no longer available. However, we are more than happy to assist companies with advisory and mentoring programs to improve business performance and improve employment opportunities. Contact Us For More Information

People Smartz is proud to have been accredited as an approved consultant for the Jobs Assist Program.

The Queensland State Government is providing grants through approved Consultants for the delivery of advisory and mentoring services to businesses with 10 or more (full time equivalent) employees under the Jobs Assist programme.

The Department of Employment, Economic Development & Innovations (DEEDI) is providing the support intended to help businesses weather the current economic conditions. The financial loss and consequent unemployment caused by business failures is well understood. DEEDI is generously providing funding wherever such assistance is beneficial to sustaining businesses and the retention of employees.

To find out more about eligibility or to apply please contact us for more information today!

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Latest Research - Business Preparing for Growth

Tue, 13 Oct 2009 14:00:00 GMT

The HR Coach Research Institute has released its latest quarterly research into employment confidence in the business sector. The research indicates that positive signs are beginning to enter into the minds of business owners and preparations are being made for an economic recovery. Because of this there is a focus on short term business improvement strategies in readiness for the growth.

The following is quoted from the results of the research:

The Institute has identified that in anticipation of an economic rebound, businesses are moving into preparation mode.

The top 3 critical issues facing business have remained the same over the past year – Lack of Work or Sales, Cash-Flow and the Economic Climate.

With an improving expectation of growth in sales and profitability, businesses are looking to resource this trend with increased participation of employees as well as the recruitment of new employees. Concern in relation to finding and keeping talent could see an increase in wages bills – both through an increase in hours of part time employees, and rates of pay for full time employees. This may address the labour underutilization rates that have increased in the past year.

With a low expectation of investment in capital expenditure, businesses are maintaining a short term view in relation to return on investment strategies. This will drive business improvement strategies; building on core business rather than innovation.

As internal organisational confidence continues to decline, businesses will need to focus on internal processes. Businesses will most likely be addressing orientations, workplace and legislative policies in the coming months. This may trigger a resurgence of quality management systems in the market."

The full report on this research is available from the People Smartz Members area. To download - click on the link below:

HR Quarterly Index - October 2009

Independent Contractors - Benefit or Risk to Your Business?

Mon, 12 Oct 2009 14:00:00 GMT

Laws regarding the use of Independent Contractors have been around for quite a few years now. These laws are designed to provide increased protection against employers who try and avoid their employment obligations by using what are called "Sham" agreements. Independent contractors run their own business and should be free to negotiate their fees and working arrangements. They may provide their services to any number of clients.

Employees have set minimum entitlements (payment of wages, annual leave, personal leave etc) and are subject to the control and direction of their employer.

A "sham" agreement occurs when an employer deliberately disguises an employment relationship as an independent contracting arrangement in order to avoid paying an employee his or her entitlements. It is possible that an employer who makes arrangements in this way could be fined up to $33,000.

Many businesses I work with enter into independent contractors agreements in order to "benefit" both the business and the person doing the work. There is no intention to deceive or avoid obligations - just an intention to "do the right thing by all" by improving the return to the "employee" and to save the company money.

Unfortunately, this could be opening up a minefield for the business and the independent contractor. If the arrangement has been made with the intention of avoiding obligations on the businesses part, it can result in fines, back taxes and other costly penalties. There can also be tax ramifications for the independent contractor.

When reviewing whether the working relationship is one of employment or independent contract, the Fair Work Ombudsman will look at the circumstances. Things such as how the work is performed, who bears the commercial risk, whether the work is results based or not, who sets the hours of work, whether the individual has a right to delegate work and who provides the equipment used are some of the many factors which can be taken into account.

I strongly recommend to my clients before entering into independent contractors arrangements that they closely review the relationship they are forming. While the benefits of utilising independent contractors are significant, if not structured properly, they also introduce an element of risk to the business.

People Smartz is able to assist businesses with the process of employing independent contractors. If you have, or are considering, independent contractors in your business - contact us today.

Contact

New Modern Awards Released - Have You Checked Yours Yet?

Mon, 28 Sep 2009 14:00:00 GMT

The Australian Industrial Relations Commission has been releasing over the last couple of months the new Modern Awards to cover employment within Australia from 1 January 2010. The process is continuing and by the time January 1 comes along, all employees under $108,000 per annum will be covered by one of the new modern awards. This includes professional occupations who previously had not been covered by an award - some of them under a new "catch-all" award created for the purpose of ensuring they are covered.

While not all the awards have been released, a list of the one's released so far (with a copy available for download) is available from http://www.airc.gov.au/awardmod/fullbench/awards.htm

I would strongly recommend that you review this list and download the award applicable to your industry. From 1 January 2010, when the awards become effective, you will be required to be complying with the award applicable to your business. The time to start preparing is now not on 31 December!

The businesses I am working with on preparing for the new awards vary in the amount of work they need to do to prepare for the changes. It really does depend on the individual business.....

If you want to know more, as well as a suggested list of activities you can undertake to help yourself prepare for the changes - visit out website by clicking below and downloading our information sheet.

Australia's New IR Laws - Information Sheet

If you have any questions about the changes, please feel free to contact us or post a question on our forum page! Our forum is also hosting a discussion on what effects you believe the new laws are going to have on your business - why not give us your thoughts today!

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Does Business Need Access to HR Advice?

Tue, 15 Sep 2009 14:00:00 GMT

It should come as no surprise that the latest research is indicating that Australian businesses are "under threat due to the increasing complex economic and labour market". The latest white paper released by the HR Coach Research Institute talks to the maturation in professional services to Australian businesses in most professional areas (for example legal, accounting, sales and IT). Titled "The Business of the HR Crisis", it discusses the effect a lack of effective people management practices is having over an estimated 651,000 businesses.

Some of the conclusions in the white paper include:

The effects of uncertainty on the confidence of employers and strategic direction;

The increasing management fatigue beginning to be seen due to down-sizing of workplaces

The effect on small businesses of not being able to attract or retain employees

The effect of struggling with paperwork and compliance

The compounding effect of industrial relations and Health and Safety legislation changes.

The cost of labour is the biggest cost on most businesses. This cost is exacerbated by the inability for business to have access to effect people management advice and solutions. This white paper discusses this in detail and delivers a conclusion which is not only interesting but in line with our People Smartz philosophy that "People Drive Results".

I highly recommend downloading the full white paper and would be interested in hearing your comments through our forum. If you don't have a membership (it's free), please register.

> Download the White Paper

> The People Smartz Forum

The Decision to Recruit - a numbers game or an opportunity?

Thu, 10 Sep 2009 14:00:00 GMT

Is recruiting simply a matter of picking the a person and filling a number in your business? I have been working with a number of clients over the last couple of weeks helping them recruit for a new team member. On each occasion, their initial request has been "we need to recruit a admin person (or sales person, or account manager or whatever).

When working with these businesses my first question is a simple one - "what opportunities does this vacancy present for you?".

A vacancy in a business is an opportunity to improve your business. You have the opportunity:

to look at your current practices to see if you can improve them,

to look at your team and correct any weaknesses that may exist,

to look at your structure and perhaps redefine the role to improve business development; and

to revitalise your business through the introduction of new and different experience and attitudes.

One client I have been working with has a number of sales people in his team. Over time the sales team has been performing well but there has been a drop off in lead generation. My clients initial thought was to replace the sales person who is leaving with another sales person. After I had worked with him for a period, he realised that he could replace the sales person with a person (or person's) who could concentrate on the marketing and lead generation aspects of the sales process. The opportunity was there to correct what could have been a serious concern going forward and provide an avenue for further growth.

The above situation doesn't apply to every business. In businesses with high turnover (such as hospitality) we are basically looking at a numbers game, but this doesn't mean an opportunity does not exist to improve your business!   Another client took advantage of the opportunity created by a vacancy to upskill her existing team and improve their overall ability to service the customer. The overall effect was cost neutral but had a significant effect on return customers - a win for the business, the team members and the customer!

So next time you are looking at filling a vacancy in your business, turn the question around from one about numbers to one about opportunity - it could have some very positive effects.

As always if People Smartz can help you - let us know!

Contact

Expectation Management - You do it for customers, why not employees?

Wed, 02 Sep 2009 14:00:00 GMT

Sometimes the fundamentals of business are the same whether you are looking internally or externally. Unfortunately sometimes we don't realise it! We work hard on making sure our customers know what they can expect of us, when we will do things, when we will do it by, who will do it etc. We put this information into writing and ensure that their expectations of us are clear. If we have expectations of them, we make them clear as well - for example, when we expect them to pay the invoice by! It makes sense and makes for good and happy customers!

The same can be said for our own team members. Often when dealing with performance issues in business, what I see is a mis-understanding in regards to what is expected of the team member with a differing expectations on both sides of the equation.

So like with our customers we need to work on expectations with our team. So how do we do this?

First, there is the basic aspects of establishing the expectations of their behaviours and performance. These are the sort of things that are covered in employment agreements, position descriptions, policies and procedures. Not only do they cover the idea of what the job is, they also lay out the your expectations of what is acceptable in regards to dealing with other team members, management, customers and others. To have these documents in place puts you one step ahead in the expectation management game.

The next step is ensuring you have good strong two-way communications structures in your business. Regular meetings with your team and feedback sessions (formal or informal) are good ways to begin this process. Having a regular, proactive and systematic performance management and development systems also aids your aims in this area by putting in place forward looking goals and targets for your team.

Ensure your team are aware of your goals for the business. Unless it is commercially sensitive, don't leave them in the dark about where you are taking the business and make sure they know how they can help you achieve this. Think about how you can bring them into the game.

Finally - do you know their expectations of you?? What is it they want out of work?  What gets them to work every day? By finding out about these expectations, you can find ways to encourage them to achieve their own goals - its not only about your success, its about their's as well....

So think about how you can become an expectation manager with your team!

Contact us if you would like any information on how People Smartz can assist you and your team achieve your expectations!

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One Important Key To Managing People

Thu, 27 Aug 2009 14:00:00 GMT

Over the last couple of days I have been assisting a business owner with a problem that had happened with one of his team members. Now I will not be going into detail about the situation, that would be breaking confidentiality - but I will share one thing that occurred to me while I was with them.

Many years ago, I read (and attended a course on) Stephen Covey's Seven Habits of Highly Effective People. One of the seven habits was "First seek to understand and then be understood".

Well, this situation would probably have been helped if both sides had taken the time to follow this habit! I am not saying that either side was at fault, the truth is that if they had taken the time to understand what the other was saying, they would have found they were saying basically the same thing! In other words they were disagreeing over something they agreed on!

Some sort of conflict can arise in any relationship - we all know that. In business, when they occur and the business owner is involved they can take a momentum of their own if not handled promptly. This was an example of one such occasion.

The first rule I explain to business owners in these situations is to keep their mouth shut and "listen". This is followed by asking questions to ensure they understand what is going on in the mind of the team member and then act to correct the misunderstanding or incorrect performance.

This approach has the advantage of defusing situations, opening dialogue and giving team members the opportunity to feel they have been listened to. It also gives the business owner (or manager) the ability to get their side understood in a more effective manner by helping them clear away the "noise".

It is an approach which is, in essence - "Seek first to understand and then be understood". From my experience, I can tell you - it works!

People Smartz can assist you with your team, helping productivity and efficiency and introducing good "habits" to your organisation. Contact us today to find out how we can help you and your team.

Why Business Owners Need More Time

Mon, 24 Aug 2009 14:00:00 GMT

You will have seen me write before that the two things business owners need more than any thing else is cash flow and time. Today's blog is all about the later - time. Now in researching today's blog, I found many documents, reviews, white papers about time management - making lists or setting goals. While it was tempting, this is not what this blog is about!

From my experience, business owners are always on the move, busy working on this part of the business or that, making everything work on a day to day basis. This is how it was when he or she first started the business on their own and what they have become used to.

But in order to grow a business, the owner needs to move out of the day to day - if they do not devote some time to the future, then they will be forever stuck in today.

Time is often the first area a coach needs to begin with a business owner. For it is the creation of time that creates opportunities for business growth and increasing cash flow...

So how does a busy person find more time? Well simply it is not possible to find more time! It is a scarce resource with only a certain amount of it available - and the time you do have has many conflicting priorities pulling on it!

If time is scarce, then it is time to start looking for ways to make your use of time more efficient. For many business owners, identifying the work they do which could be done by others (or not done at all) is often the first step in this process. It is all about looking for the way your business can run more effectively, whether by using others, automating a process or just changing the way you do things.

This is not a hard process to begin yourself - if you can find the time to do it! Bit of a Catch 22 isn't?

So if you want to grow and develop your business, start thinking about time - not in terms of lists but in terms of outcomes, effectiveness and how you can devote some of it to the future. People Smartz Coaches can assist you in the process by providing you with an experienced perspective of your and your peoples activities. Contact us

The Cost of Non Compliance

Mon, 17 Aug 2009 14:00:00 GMT

This will be a short blog entry but probably the most important you will read! Australia's new IR Laws come with a kick. If you are non compliant you can be fined and forced to pay back pay, credit accruals, pay additional superannuation guarantee payments and additional pay roll tax - and that is only the start of the list!

Here are some examples of the ramifications if your business is found to be non-compliant:

Non Compliance with Modern Award Conditions - a fine of $33,000 for a company for each breach plus the cost of back wages etc to the employee.

Non Compliance with National Employment Standards - a fine of $33,000 for a company for each breach plus the cost of making up the breach to the employee.

Avoidance of Employment Obligations (Sham Contracting) a fine of $33,000 for a company for each breach plus back taxes plus superannuation guarantee payments plus possible implications for payroll tax.

Unfair Dismissal - back wages if found to be an unfair dismissal plus possible superannuation to the employee. in addition, legal costs and lost opportunity costs in regards to time and effort to defend the claim. Cost = many 000's of $$$.

The cost of being compliant is minimal compared to the costs of being caught out!

Contact us today to arrange for a Free Compliance Assessment for your business.

Why You Need a Business Coach?

Wed, 12 Aug 2009 14:00:00 GMT

So why do I need a business coach? Why do I need a HR Coach? Why do I need a coach at all? These questions are fired at me fairly regularly and I would like to take the time today to explain why. First - Coaching is not consulting. Consulting implies that you identify a problem that a client has and you propose a solution. Coaching is more about assisting your to help yourself.

There are many other reasons for working with a business coach, but here are just a few:

Working with a coach is an investment in you and your business. Your business is about your future and you need to have your time and energy concentrated on the important areas of growing your business.

The purpose of working with a coach is to guide and encourage you to achieve your goals. A coach will insist on excellence and guide you towards the desired outcomes through the development of a well structured and tailor made business plan.

A coach will help you identify the areas of waste in your business, where your time is being used ineffectively and assist you in correcting these areas.

A good coach will have experience in identifying the right people for your team. The individual's fit into the team is as important as their technical skills.

Your coach will look to assist you in developing your sales funnel through targeted sales and marketing processes and activities.

Because coaching is not consulting it is more cost effective by building the internal resources within your company.

There are many coaches out there with their own specialities. Some concentrate on sales, others on marketing, others on strategic direction. The choices is yours about which is the most suitable for your business.

People Smartz believes that regardless of the specialty area, it is the people involved that produce the results. This is why our coaching is designed to identify the ways your business can achieve success through people. With People Smartz Coaching you are investing in you and your team - not a process.

For more information - contact us today.

> Learn more about People Smartz Coaching Programs

What is the BOOT??

Wed, 05 Aug 2009 14:00:00 GMT

One little known part of Australia's new industrial relations laws is the BOOT. No, this is not way to get rid of troublesome employees by using your Size 9's (or whatever size boots you wear)! Instead it is an abbreviation for Better Off Overall Test.

The new laws allow for award conditions to be varied on an individual basis as long as the variations result in the employee being better off overall when compared to the award conditions.

What does this really mean? Well it means employers and employee can agree to more flexible conditions providing the BOOT is passed. However, it also creates some problems for employees leading up to 1 January 2010 when the BOOT comes into effect.

On 1 January 2010, a new safety net will be coming effective for all national system employers. This safety net will comprise new Modern Awards and the Minimum Employment Standards. New modern awards will cover all employees under a threshold which is roughly $100,000.

If you currently have employees on agreements (or AWA's), come 1 January 2010 these agreements will need to pass the BOOT. If they do not you may be in breach of the award covering your industry or the minimum employment standards. This may result in investigations by Fair Work Australia and/or relevant unions and significant costs to your business in fines, backpayments and time.

So what do you need to do? First you need to review your agreements to ensure they are compliant with the new minimum standards. Then you need to alter your practices to ensure you will be compliant by 1 January 2010.

Leaving this until 1 January 2010 is not the right thing to do! From January 1 if you are not compliant you are in breach of the legislation and an employee or union may report you for the breach.

So be aware of the BOOT - start looking at your agreements and systems now! People Smartz are currently offering free employment compliance reviews to businesses. These reviews will identify for you the areas you may need to act to protect your business.

Why You Should Have Employment Agreements in Your Business

Sun, 02 Aug 2009 14:00:00 GMT

I am often conducting compliance reviews for small to medium sized businesses. These reviews are designed to identify any issues that may be placing a business at risk in regards to the many legislative areas that govern employment in Australia. This is a large area - we are dealing with laws in industrial relations, Health and Safety, Discrimination, Equal Employment Opportunity, Independent Contractors and the list could go on.

For a small to medium sized business remaining compliant in an ever changing legislative environment is almost a full time job! This is highlighted in the reviews I do, where I am yet to find one business that is fully compliant.

The most common area I need to address with business owners is the lack of employment agreements. These agreements describe the employment relationship and are essential for establishing the expectations of both parties in their relationship.

In Australia, a common excuse for not having agreements is that the employee is employed under an award and that is sufficient. Unfortunately, it is not!

An award covers the minimum standards for employment.  It does not contain any clauses for the protection of the business, nor does it assist in the maintenance of standards within the business. It is designed to protect the employee not the employer.

To explain this I often say to my clients the following: "if you were establishing a relationship with a client, would you ensure that your expectations and their expectations were clearly defined and easily understood". For the majority of my clients the answer to this is "Yes". When I follow on with the question "well, why shouldn't it be the same with your employees?" - the penny finally drops!

Another major reason for having employment agreements is for the protection of your business. Clauses should be inserted regarding things like confidentiality, the protection of intellectual property, protection of client lists and employees responsibility to obey company policy. These and other clauses are essential protections for your company and are definitely not contained in an award.

At People Smartz, we are more than happy to assist you in putting employment agreements in place for your business.

Contact us to discuss your requirements.

If you already have agreements in place, we currently are offering free compliance reviews for small to medium sized business which include a review of one of your employment agreements.

Book your compliance review today.

Why are Business Owners willing to risk their business??

Tue, 28 Jul 2009 14:00:00 GMT

Yesterday, while I was talking to a business collegue, she made a good comment - "why are business owners so willing to accept a risk when it is so easy to fix". This comment got me thinking. I am meeting with business owners everyday and I see them making such decisions. For most it is simply a matter of whether they can afford to fix the problem or not - regardless of the level of risk.

The question for me is whether they are asking the right question.

Now we all know that the level of risk is a combination of the likelihood of something happening and the consequences if it does occur.

It worries me that businesses often do not protect themselves against a risk until they actually get caught out by that risk. When that happens the cost is often substantially more than than any risk control would have cost proactively.

This is particularly relevant with employment and workplace risk. Business owners can be reluctant to take measures to protect their business when it comes to their employees and their employment.

I am yet to find an business owner who has not taken measures to protect their business against theft, fire, public liability etc. Policies for these are in place and renewed annually. When dealing with clients they ensure that their and their clients expectations are managed through appropriate agreements and procedures. In short, in these areas, they manage their risk.

However, the number of business owners who do not manage the risks in employment should be a concern. It is not unusual for me to come across businesses:

Without employment agreements and other tools to manage expectations (such as position descriptions).

Who are unaware of the appropriate award or agreement for use in their industry

Without appropriate OH&S practices

Without appropriate policies and procedures in regards to legislative requirements

Who do not understand the unfair and unlawful dismissal laws

Who do not understand the risk and cost of employee turnover.

This list could go on. The truth of the matter is that the cost of a breach of any of the above would far out weigh the cost of implementing easy processes to alleviate them.

In that respect, the question should not be "can I afford them", it should be "can I afford not to have them controlled".

At People Smartz, we are currently offering a Free Compliance Review for businesses to enable them to assess their levels of risk.

The Cost of Losing Employees

Sun, 26 Jul 2009 14:00:00 GMT

I have met with a potential client in the last couple of weeks, who was not concerned over the level of turnover he was experiencing in his business. His turnover levels were around 50% a year and he had managed his business on this sort of rate for many years - his comment to me was that it was just what happened in his industry.

Well a little bit of research did tell me that turnover was high in this particular industry, but 50% was almost double the industry average!

Unfortunately for this gentlemen I needed to point out to him the cost of this turnover to him in time, effort, experience and, of course, profit. When they were calculated, to say he was shocked is an understatement!

The actual cost of replacing an employee can be calculated at somewhere between 50% and 200% of an employees salary. This amount is a result of the time and effort required for recruiting (advertising, shortlisting, interviewing, time for all of the above), the loss of productivity, the cost of training new employees and many other, incidental, factors.

But high turnover can also be an indicator of other problems with your business - and with the cost of replacing employees, these can not be ignored!

Some hints for improving your turnover rate are as follows:

Hire the right people - not just in terms of qualifications or experience but also in terms of motivations and values. Attempt to ascertain the drivers of your potential employee prior to employment and make sure you can meet them before offering them a job.

Remember those motivators as you deal with them during their employment - these are the things that are going to keep them interested. For example - people who are goal/career motivated need to be treated differently to people seeking security.

Our workforces today are more mobile - acknowledge this and find ways of making it work for you.  If a person feels it is time to move on, then find ways to make it easy on you and them.

Find ways to improve communication and continuously improve the workplace. Keep your employees engaged by involving them in developing their own goals and targets.  Communicate your goals and targets for the business - don't keep them in the dark!

Reducing turnover is a long term goal but worth it in terms of your time, effort and profit.  If you require assistance, People Smartz can provide you with a number of services to improve your results.  Contact us today!

People Driving Results

Wed, 22 Jul 2009 14:00:00 GMT

It suddenly occurred to me that the one blog I had not written so far was the one about our People Smartz tag line "People Drive Results". The one thing every business has in common is that people are involved. Whether we are talking one person hanging out their own shingle or a company with 100's of employees - people are always involved.

Regardless of the business, regardless of its purpose, it is people that make things happen and it is people that work to make that business a success. It doesn't matter what tools you put in place, what processes they follow or who they are, it all comes back to the people who work in and on the business.

On Monday, I attended a seminar and met a gentlemen who ran his own company in landscape design. Now I will admit, I have two brown thumbs, but this man even had me excited about his company, his industry and him! He was a perfect example of "people drive results". Regardless of the tools, regardless of the processes, regardless of the client, it was he who made the company what it was - a successful business.

I meet many businessman who spend money on new software programs, consultants, marketing programs etc. These are all essential and important to the productivity of their company and should not be forgotten. But when I start talking to them about the ways they can improve on the gains from this further by spending money on their people many look at me like I am delivering something astonishingly new!

The most basic asset of any business is the people, the area where the most gain can be made is through people and the most cost effective way of having a successful business is through developing yourself and your people.

Yes - regardless of the business, it is people who drive results. Why not talk to us about how we can help you drive your business? Contact People Smartz today.

Business Growth Expectations Rising

Thu, 16 Jul 2009 14:00:00 GMT

The HR Coach Research Institute has released its latest quarterly index of business in Australia. The HR Quarterly Index provides a summary of employment confidence in the business sector. The Report identifies a rebound in business confidence; however businesses need to be aware of management fatigue.

The 3 critical issues for business has remained the same over the past 3 quarterly results – Lack of work or sales, cash-flow and economic climate. Participation rate of employment is being upheld with the increase in part time employment – indicating that businesses are shedding hours, not jobs. This is a healthy indicator for long term sustainability of knowledge and skills in hope of a turnaround in the market.

Businesses are in need of clear communication strategies internally and management structures. This is placing pressure internally on the employment relationship in the current market.

Employers are concerned about employee focus on the job at hand. Employees are looking for direction and clear planning with communication relating directly to the individuals future.

Management fatigue is currently critical for both employers and managers as they navigate through managing in uncertain times.

All these factors combine to provide business with a great opportunity to create a competitive advantage through their people. Contact us today!
> Download the HR Quarterly Index July 2009

No Minimum Wage Rise - Should we be surprised???

Thu, 09 Jul 2009 06:19:00 GMT

Over the last two days we have seen one of the final institutions of Work Choices demonstrate one of the basic differences between Work Choices and our new Industrial Relations laws.

The Fair Pay Commission has decreed that there will be no increase in the minimum adult wage. The Fair Pay Commission is a Work Choices Institution given responsibility for the setting of minimum wages etc. When making decisions regarding minimum wages, the Fair Pay Commission is required under the Work Choices Legislation to take into account the economic effect of any wage increase on the Australian economy. It is also required to take into account the effect of tax cuts or additional family payments that may have occurred in the period since its last decision.

Given the current economic environment, the raising level of unemployment, recent tax cuts, the introduction of stimulus handouts etc it is not surprising that, given its legislative instructions, the Commission decision was for no increase at all. It was felt that increased wages would result in additional pressure on small business with an increase in the unemployment rate likely.

The new wage setting body, Fair Work Australia, is beginning now to look at Modern Awards for implementation from 1 January 2010. It will also be responsible for setting the next minimum wage increase. Fair Work Australia’s main objective in this regard is to “establish and maintain a safety net of fair minimum wages”. In performing this objective it must also take into account the performance and competitiveness of the national economy.

It remains to be seen how the new body will operate in this respect, but judging by the reactions of the two different sides of politics and industry it’s going to be an interesting ride....

Drive Your Business Forward - Not in Reverse!

Wed, 01 Jul 2009 14:00:00 GMT

In a lot of businesses, appraisal time is one of tension and sometimes confusion.

At times, employees are surprised to be told about "issues" which have been around for a long time, but have not been addressed.

Manager's are stressed because they have to sometimes handle unpleasant realities. They are further annoyed by the amount of time the appraisals take them away from their "real job".

It is particularly stressful for everyone when a person's salary,commission or bonus has a dependance on the appraisal.

In such organisations, the appraisals are a time to look back on performance and as a result what develops is a reactive approach to business and individual development. Appraisals are seen as a chore that "most be done".

It has been well know for many years that such an approach is basically bad for business for all these reasons and more. Where this is occurring, or where there is no process at all, business owners and managers are missing a great opportunity for driving their business forward.

By initiating a proactive, goal orientated performance management system (rather than backward looking appraisals), business owners and managers can drive activities to achieve strategic aims. Individual and business progress towards goals can be monitored and communicated ensuring everyone is aware of this progress. Corrective action can be taken to address performance, knowledge or experience issues as they are identified. In the end, everyone is what is expected of the business as a whole and themselves as individuals.

More importantly - once a year appraisal time becomes an all year round, "the way we do things" process which is forward looking and driving the business.

Doesn't that sound like the right way to do things?

Such systems are not the domain of big business or corporate. In fact in small to medium size businesses the development of such programs can have impressive impact, encourages participation and spreads out accountability throughout the business. This is particularly important in small business where the owners are always spread thin!

At People Smartz, we can help you develop a system suitable for you business, regardless of size or industry. As an added extra, our coaches can further assist you in the implementation by coaching owners and managers in how to deal with performance and productivity issues as they appear.

Learn more about our HR Coaching Programs and then contact us for assistance!

Managing Performance Issues - Don't Let Them Fester!

Mon, 29 Jun 2009 14:00:00 GMT

It is interesting the way businesses handle performance issues with employees.

Some handle them promptly, professionally and in a way that encourages improvement. Others handle them poorly, carry a big stick and get what they want through an aggressive approach. Finally you have a group that do nothing at all - at least until the problem becomes so bad that it can't be ignored!

Avoiding conflict is human nature, generally managers and business owners don't want conflict within their business. However, poor performance has effects on business performance, team morale and may result in conflict anyway.

It is important for Business Owners or Managers to undertake regular two way communication with employees. Performance issues should be addressed as a matter of course, not as an exceptional circumstance. If it is done correctly, then it can be seen as a learning event rather than a disciplinary issue.

My children have been taught at school that if they have a problem to do something about it - maybe this is a lesson we should all take on when it comes to performance issues.

Some hints to you in regards to managing performance:

Ensure your employees are aware of your expectations. This can be in the form of position descriptions, goals and targets, employment agreements or various other instruments. Talking to them regularly is another way of letting them know your expectations.

Make sure your employees know the effects of failing to meet your expectations in regards to business performance.

Ensure your employees know what to expect if their performance fails to meet these expectations. Ensure you have aprocess of communication and counseling for such issues in place and that everyone is aware of it.

Make sure your process initially is designed to encourage improvement in performance in a educational manner (so that they learn from their mistakes)

If they continue to perform poorly, have a system in place to manage the issue through to a positive outcome but with the recognition that continued poor performance may result in termination of employment.

Finally - if it does come to the point where the situation is no longer tenable - have a strong process in place to terminate employment.

Systems to encourage positive outcomes are your best defence against poor performance. It is much better to manage performance in a positive manner than manage poor performance in a negative one - for you and your employees.

People Smartz Coaches can assist you with performance issues or with putting in place the systems you need to encourage positive outcomes.

Contact People Smartz today.

The New IR Laws - A Brief Overview

Sat, 27 Jun 2009 14:00:00 GMT

A few blogs ago, I told you about the new unfair dismissal laws and how they affect small business.

The new legislation becomes law on Wednesday, 1 July.  With these laws comes a revamp of the Australian Industrial Relations Framework. With Australia's political landscape this is not really new - it regularly changes with changes of government!

As already stated, the new laws change the unfair dismissal laws. Other areas that are affected are:

The expansion of Workchoice's 5 minimum standards of employment to a 10 minimum standards. With the new modern awards, these will form the new Safety Net for employees from 1 January 2010

A change to the definition of small business

Increased Union Right of Entry into workplaces for investigation, discussions and OH&S matters

Significant changes to the manner in which industrial relations is governed with the creation of Fair Work Australia - a one stop adviser, mediator and arbitrator of the new laws.

The abolition of AWA's (no surprise there!)

An "emphasis on enterprise level collective bargaining underpinned by simple good faith bargaining obligations"

The introduction of an additional discrimination jurisdiction under the Fair Work Act.

Redundancy and Termination changes including the setting of minimum redundancy payments and notice periods

Maternity and Paternity Leave

With these new laws it becomes more important than ever to ensure your workplace has procedures and policies in place to respond to employee complaints and lay down expectations in the event of a dispute or issue. In addition, you employment agreements may now contain clauses that contradict the new laws. I recommend strongly that you seek some assistance to ensure you are ready!

Should you need any further information on the new laws, contact People Smartz and we will be happy to assist.

Don't Pick The Wrong Person For The Job!

Wed, 24 Jun 2009 14:00:00 GMT

One of the things I am often saying to my clients is that it is better to have no one in a role than the wrong person.

Selecting the wrong person for a role can have a big effect on your business overall. If that person is managing others then the effect can be amplified!

Because of this, the recruitment and selection of the right people is a must for any business - regardless of the size.

Here are some things to think about when deciding who is right for your business:

You are running a business, not an employment service for your relatives, friends etc. Unless they have the skills, attitude and competency for the role they should not be there!

Make sure you understand the position - Sit down and work out what it is you want this person to do, what sort of attitudes you want them to bring to the business (and how well they will tie in with yours), what experience they are going to need etc.

If you have good contacts in your industry, ask around - find out what the current package expectations are in the market, talk to them about people who may be available. Do your research - you might just find the right person, but if you don't at least you will understand the expectations of the market.

Think carefully about where you advertise, consider where your talent pool is going to come from. Consider areas such as Online (Seek, Career One), Local Job Network Centres and your own networks. There are also newspapers, recruitment agencies etc but these are generally expensive.

Be realistic in your expectations - this is your business but remember that the applicants are not you - it is unlikely you will find someone that fits in the same mould as you.

When interviewing, have your questions prepared so to test the candidate against your requirements.

When interviewing ask yourself the following questions:

Can I work with this person?
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Would I be happy with this person representing me and my business?

Does this person have the demonstrated abilities that the business needs (note - what the business needs); and finally,

How does he/she compare to the other candidates?

And finally, remember my first line - it is sometimes better to have no one in a position rather than the wrong person. If you can - keep recruiting until you find the right person! Otherwise, you may be doing it all again very soon anyway......

At People Smartz, we can assist you with the process of recruiting, either through our full recruitment service or by coaching you through the process - visit our recruitment page for more information.

How to Gain a Competitive Advantage Through Your People

Mon, 22 Jun 2009 14:00:00 GMT

The current economic environment is beginning to have an effect in the workplace. Where employers are growing increasingly concerned about business, employees are acting with greater respect and appreciation in regards to their jobs and their place in the workplace.

The HR Coach Research Institutes Quarterly Index Report provides a regular insight into the ever increasing pressures on Australia's Workplaces. In the latest report, the Institute reports that pressure and fear for the future is having an increasing effect on the employment relationship. Employees are worried about a lack of information flowing from employers about the future of the business and their own futures.

What does this mean for your business - how can you use this information to establish a competitive advantage for your business? Read more by downloading the latest HR Coach Quarterly Index (April 2009) report from our website.

Small Business Start Ups Need to Plan

Sat, 20 Jun 2009 14:00:00 GMT

I am often surprised by the number of businesses that stay in business despite a lack of planning.

There is an old saying which says that "if you fail to plan, then you plan to fail". In my experience, this is very true.

Many small businesses begin with a great idea or concept. Many times the new owner is good at what he or she does but is new to the concept of owning a business. Some take on a business coach or seek advice from a friend, relative or acquaintance to assist them through the process of starting out.

If the person they are seeking advice from is any good, then he or she will be talking to them about goals, markets, strengths, weaknesses, threats and opportunities and then developing a plan to be followed by the business for its first period.

This plan provides a blueprint for the business in the first months, gives the new owner some targets to aim for and should keep expectations within a reasonable range.

I have a number of clients who have asked me to assist them with recruiting or in setting up staff systems. However, as I speak to them, questions begin to come out of the blue such as "how do I get customers in" or "how do I network" or "do I really need public liability insurance".

These sort of questions are good examples of where a great idea or concept has moved into a start up business without a plan.

I have also found it is common for the market not be the same as you first envisaged - your target market may not be the same as planned, competitors may be stronger than you thought or your price point may be wrong. Similarly, other parts of your plan may not be working for you. For some, this means throwing away the plan and not revisiting it.

I strongly recommended this means you sit down and, based on what you have learnt, replan your activities. By doing this you are once again setting yourself goals and targets and have something you can measure your efforts against.

My number one piece of advice to first time business owners is to find yourself a good coach or mentor to assist you through the start up. This does not have to be a consultant costing you big dollars. As I said earlier, it could be a relative, friend or acquaintance who has experience in business. The important thing is that you "plan to succeed" not "plan to fail".

At People Smartz we can offer you assistance with starting up your business or give you advice on who you should be looking for to assist you. Contact us today.

New IR Laws - Not Long to Go!

Fri, 19 Jun 2009 14:00:00 GMT

It is now under two weeks until the new Industrial Relations Laws take effect.

Small Businesses are effected by these new laws - yet recent survey's have shown that only 5% of Australian businesses are prepared for the changes!

One significant change to the laws are those concerning unfair dismissal.

The dismissal of an employee, for whatever reason, is an unpleasant thing. Regardless of the reason, the dismissed employee is likely to feel hard done by and aggrieved. It would be a very unusual employee who accepts a dismissal without some sort of hard feeling!

Many small business owners I speak to believe that because they have less than 15 employees they are not effected by the unfair dismissal provisions of the new law. While this is technically right - it does not mean that small business can not be subject to a claim for unfair dismissal.

Under the new laws, small business must follow the "Fair Dismissal Code for Small Business" when dismissing an employee to protect themselves against a claim for unfair dismissal. This does not stop an ex-employee from making a claim, but if you have followed the code then you may be protected from the ramifications.

So, the fact is that, as a small business, you can still be the subject of a unfair dismissal claim. With the associated pain of handling the claim and the unpleasantness it causes, you need to do what you can to protect yourself.

Amongst other things, It is important to ensure you have good performance management systems in place.  If you have dismissed an employee for performance reasons, you need to be able to prove that you have counseled the employee and given them an opportunity to improve. If you have not done this - then an unfair dismissal claim could be proved and your hip pocket is likely to take a hit!

There are many other things you can do and many other affects that you may not be aware of. At People Smartz, we offer small businesses in the Brisbane and Coffs Harbour areas the opportunity to have a free risk assessment of their business.  In that assessment, you will learn about some of the other affects the laws will have on your business - and what you can do about it!

If you live outside Brisbane or Coffs Harbour, contact us anyway. We will pass on your contact details to other members of the HR Coach Network.

To book your assessment - click below:

Free Risk Assessment of Your Staff Systems

HR Coach Staff Systems Software

Sun, 29 Mar 2009 14:00:00 GMT

The HR Coach Staff System is a complete HR System designed to assist Small Businesses with HR needs.

Managing Your Staff Is Easier with HR Coach Staff Systems. Designed with Small Business in mind, this software will help you systemise People Management in your business, reduce the time you spend in producing documentation, help you remain compliant and save you money!

The software includes:

Automated forms and templates

Wizards to guide you when recruiting, starting and exiting staff

Database to track signed documents

Reminders for key dates

Tracking of licenses and training

Reports

Important Features of the HR Coach Staff System

Minimise your Risk.

Businesses without the right documentation in place suffer. A simple database will ensure that you keep track of signed documents. Meet your Obligations. 75% of businesses struggle with paperwork and compliance. A Staff Manager will keep your processes organised. You can even edit and tailor the documents to suit you!

Save time and money.

Businesses who are organised save time and money in processing staff documents. Wizards take the headache out of collating forms. Outlook reminders will ensure you don't miss probation dates.

Increase your hiring success rate!

Staff are attracted to Businesses who have their act together. Professional colour coded documents provide a positive image about you. Easy to use Interview guides will help you ask the right questions to select the right people.

Keep up to date.

Reports will show you what information is missing. By using templates for staff planning will ensure you remember to update policies, keep staff trained and audit your documents on a regular basis. Links will help you find the information you need!

Staff Systems Software – System Requirements

Installation:

PC with Pentium processor (or equivalent) @ 200MHz or better with at least 32MB RAM.

Hard disk with at least 20MB free.

16-bit colour, 800x600 screen resolution.

Windows 98, 2000, Me, XP or later or Windows NT 4 (Service Pack 6) or higher.

Backups:

To facilitate effective backups, a CD backup or a removable drive

solution such as a memory stick is recommended.

Some features (e.g. Advice Links, pdf viewing) require:

Internet access

Adobe Acrobat Reader

Staff Systems software is compatible for installation in a Terminal Server environment.

Please note - Staff Systems Software is a PC based application only. It is not compatible with Mac.

Download a Demonstration Version of HR Coach Staff Systems!

Download a 14-day free trial version of this great software. Try it out and see for yourself why we think this is the best Staff Systems Software around!

Please note: This is a trial version of the software which contains some restrictions in functionality. Your download will include an executable file. While we take every precaution to ensure our downloads are safe for your system, it is highly recommended that you ensure your virus protection software is fully updated prior to downloading.

Prior to downloading, you will be asked to sign into our members area to undertake the download. There is no cost to you for registering for the download and we will only use the information gathered to contact you regarding your progress with the trial. Click Here to Download.

Still not sure? Book Your Demonstration Visit Now!

Events

Sat, 28 Mar 2009 14:00:00 GMT
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People Smartz Blog

Calculating Pays From Modern Awards

Small Business Danger - Doing What You Think is "About Right"

Business Confidence - Major Indicators Improving?

Too Big To Ignore - What a Great Campaign!

People Smartz wins Business Excellence Award

Lets Make People Management "Simple"

Workplace Bullying Changes to Fair Work Act

New Year Brings Sense of Optimism

Xero Partners - Great offers from enableHR and People Smartz

February 2013 WebinHR Program Released

Social Media - What Employers Need to Know - Webinar for Small Business

Business Concerned About Lack of Work and Sales

Unfair Dismissal Claims Increase by 9 Percent

October WebinHR Program Released - Great Webinars for Small Business

Top Five Small Business HR Questions - September Edition

1. Questions regarding managing performance

2. Questions regarding terminating employees (but not redundancy)

3. Questions regarding Working from Home

4. Questions regarding the Performance of Managers

Close to The Top Five

Do you have questions in any of the above areas?

Keep the Momentum Going - Fill that Sales Funnel

Working from Home - Not as simple as it sounds!

Developing a Plan for your business

WebinHR- Webinars for Small Business - September Program Now Available

Wages Pressures Continue to Be An Issue - Quarterly Index

Improve Your Knowledge - August WebinHR's

Important: When registering for your attendance at theseWebinHR's, please ensure where asked "Who referred you to the WebinHR?" to write "People Smartz"!

Business Confidence Rising - Wages Pressure Becoming a Concern for Business

If you employ Independent Contractors - You Need to Read This!

Small Business - Make sure you are compliant with Industrial Relations Laws

Simple Time Management for Small Business People

A Checklist To Prepare Your Company For the Xmas Office Party

People Challenges Facing Business - Are you ready?

What Successful Businesses Do Differently

Modern Award Amendment for School Aged Workers Effective from 1 October 2011

5 Steps to Take to Protect Your Business.....

Small Business Needs An Industrial Relations System that Works For It!

Small Business and the Economy - Choose To React Positively

A Lesson In Expectation Management

Business Confidence Dropping - Latest Quarterly Index released

Common Sense at Last! After School Work Back on the Agenda for Teenagers

Dress for Success - An Important Message for All Business People!

Building on The Strengths in Your Business

New Numbers Released on Unfair Dismissals

Pressure Rising on Fair Work Act

Importance of "Fair" Disciplinary Procedures Emphasised

Warning - Fair Work Ombudsman says Leave Loading Payable on Termination

Queensland Floods and Employment

Unions to Push for Casuals to Become Permanent

Free Superannuation Clearing House For Small Businesses

Mutual Success Workshops - Benefits for All in the Business

Christmas and Your Business Party - Beware....

Government Reports Number of Unfair Dismissal claims on the Increase

Is "Systematic" Coaching the real answer?

Loyalty - is it right to expect it from employees?

We Don’t Need to Worry About That

Workplace Bullying - A Timely Warning for Businesses

Australia's New Modern Award System

New Workplace Laws - The Top Five Things Businesses Are Missing

National Standard for Human Resources Released

Welcome to 2010 - and Modern Awards!

Christmas - A Time to Party or A Time to Beware?

Businesses Need to Act Now!

The Gap Storms - 1 Year on

Queensland Government Jobs Assist Program

Please Note: The Queensland Government Jobs Assist Program is no longer available. However, we are more than happy to assist companies with advisory and mentoring programs to improve business performance and improve employment opportunities. Contact Us For More Information

Latest Research - Business Preparing for Growth

Independent Contractors - Benefit or Risk to Your Business?

New Modern Awards Released - Have You Checked Yours Yet?

Does Business Need Access to HR Advice?

The Decision to Recruit - a numbers game or an opportunity?

Expectation Management - You do it for customers, why not employees?

One Important Key To Managing People

Why Business Owners Need More Time

The Cost of Non Compliance

Why You Need a Business Coach?

What is the BOOT??

Why You Should Have Employment Agreements in Your Business